State v. Tolliver

The opinion of the court was delivered by

McEnery, J.

Willis and Jim Tolliver were indicted for wilfully and maliciously shooting J. J. Murphy.

Willis Tolliver alone was tried and convicted, the verdict returned being, “We, the jury, find the accused guilty as charged.”

Complaint is made to this verdict that it is vague and uncertain, and that it should have named Willis Tolliver as the accused against whom it was directed.

Willis Tolliver was the only one on trial, and there, could be no possible mistake as to .whom the verdict referred. It was, therefoi e, sufficiently definite and certain.…