Autrey v. State

The indictment under which the defendant was being tried for assault with -intent to murder alleged that the assault was committed upon one-Jim Goswick by shooting him with a pistol. The following verdict was returnee?: ‘We, the jury, find the defendant guilty of shooting a man and recommend that he be punished as for a misdemeanor.” At the same term of court, and before sentence was pronounced, the defendant filed his motion to arrest the judgment, praying that the judgment and verdict he set aside and that he be discharged, on the ground' that the verdict did pot find the defendant guilty…