Wright v. People
Michigan Supreme Court
Error to St. Clair Circuit. Wright was tried on a charge of assault with intent to murder one Woodward, alias Wagner, at Port Huron. The jury, having received the charge of the court, retired in charge of an officer, and shortly afterwards returned into court for further instruction as to whether the prisoner could be convicted under the information of assault and battery merely.
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Error to St. Clair Circuit. Wright was tried on a charge of assault with intent to murder one Woodward, alias Wagner, at Port Huron. The jury, having received the charge of the court, retired in charge of an officer, and shortly afterwards returned into court for further instruction as to whether the prisoner could be convicted under the information of assault and battery merely. The charge being again read to them (which distinctly instructed them that if the killing, in case death had resulted, would have been any thing less than murder, the defendant was not guilty of the complete offense…
1Opinion of the Court
The Court
held that the written finding.of the jury must control under the circumstances disclosed by this record as to what their real verdict was; that there being no such offense under our statutes as' an assault with intent to kill, the statutory offense being an assault with intent to commit the crime of murder, this written verdict cannot be construed as a finding that defendant was guilty of any thing more than an assault and battery; and that the sentence, therefore, was one not authorized by the verdict.
Judgment reversed, and prisoner discharged.
2Cited by7 opinions
- People v. OchotskiMichigan Supreme Court · 1898
- People v. SimsMichigan Supreme Court · 1932
- People v. RandMichigan Supreme Court · 1976
- People v. SmithMichigan Supreme Court · 1970
- People v. SmithMichigan Court of Appeals · 1969
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