State v. Young

LAND, Justice.

The indictment charges that the defendant, Oswald Young, “willfully, unlawfully and feloniously and of his malice aforethought did shoot one Gibson Kerstein, with a dangerous weapon, to-wit, a pistol, with the felonious intent the said Gibson Kerstein, to kill and murder.”

The jury returned the following verdict: “We jurors hereby find accused guilty of shooting with intent to kill.”

Defendant filed a motion in arrest of judgment on the following grounds:

“That the verdict of the jury rendered herein is not responsive to the indictment.

“That the verdict of the jury does not set out…