State v. . Wilson

'The first count in tbe indictment charges the defendant with maiming the prosecutor by putting out his eye with malice aforethought, in breach of section 4212 of the Consolidated Statutes, and the second count with maiming the prosecutor without malice in breach of section 4211. The verdict was, “Guilty of maiming without malice aforethought.”

It is evident, then, that the defendant was not convicted of the offense defined in section 4212; but it is contended that the verdict may be sustained under section 4640: “Upon the trial of any indictment the prisoner may be convicted of the crime…