State v. Price

The opinion of the court was delivered by

Parlange, J.

The defendant is prosecuted under Sec. 790 Revised Statutes for the capital crime of striking a person with a dangerous weapon, to-wit: a club, while lying in wait, with intent to kill and murder.

The district judge charged the jury that they might find the following verdicts: 1. Guilty. 2. Guilty without capital punishment. 3. Guilty under Sec. 791 R. S., as amended by Act 43 of 1890,. 4. Not guilty.

The defendant asked the further charge, which was refused, that verdicts might be found under anyone of the following statutes: 1. Act 44 of…