Wright v. State

Wright was indicted for murder in the second degree. Trial by jury, and verdict in the following words: “We, the jury, find the defendant guilty of an *528assault and battery, and fine him one thousand dollars.” Motions in arrest of judgment and for a new trial overruled, and judgment on the verdict. Wright appeals.

It is urged in argument as the sole ground of objection to the judgment, that the Court had no jurisdiction in cases of assault and battery; and 2 R. S. 370, 388, and the 14th section of the Common Pleas act, id. 16, conferring jurisdiction of all offences below the grade of felony on…