Manigault v. State

Warner, Chief Justice.

The defendant was indicted for .the offense of “assault with intent to murder,” and on the trial therefor the jury returned a verdict in the following words: “We, the jury, find the prisoner guilty of a misdemeanor in whipping his wife.” The defendant made a motion, in arrest of judgment, on the ground that the verdict of the jury was for a different offense than that alleged in the indictment, and for a different hind of offense, and because it is nowhere alleged in the indictment that defendant ever assaulted or whipped his wife, or that he ever had a wife. The motion…