Young v. State

The appellant was found guilty of assault and battery by a jury in the Circuit Court for Montgomery County and sentenced to imprisonment for a term of 3 years. 1

At the close of all the evidence, the court instructed the jury, closing arguments of counsel were heard, and the jury retired for its deliberations. About an hour and a half later the foreman of the jury sent a note to the trial judge, asking, “Is wielding a deadly weapon in an assault and battery case considered an intention to kill?” The transcript of the proceedings shows that the jury was returned to the box, the court further…