Miller v. State

CARR, Presiding Judge.

The prosecution in this case was instituted in the Law and Equity Court of Franklin County, Alabama. The affidavit charges in “Count One” an assault and in “Count Two” an attempt to assault. The trial resulted in a conviction for an attempt to assault, and the jury imposed a fine of one cent. The trial judge added an additional sentence of six months hard labor. Local Acts 1923, Act 404, Sec. 21, p. 277.

Title 14, Sec. 42, Code 1940 provides:

“Upon the trial of an indictment for any offense, the jury may find the accused not guilty of the offense charged in the indictment,…