Smith v. State

The accused was indicted for assault with intent to *668murder one Dewitt, and the jury returned a verdict in the following language: “We, the jury, find the defendant guilty of the unlawful shooting of another.” A motion for a new trial was overruled, and the accused excepted.

1. It is argued in the brief of counsel for the .plaintiff in error that the verdict is a nullity and amounts to an acquittal. Counsel seeks to raise this question under the general assignment in the motion for new trial, that the verdict is contrary to law. The point might well be disposed of by the observation that it can…