Young v. State

Under the statute, section 3307, Code 1923, “upon the trial of an indictment for any offense, the jury may find the accused not guilty of the offense charged in the indictment, but, if the evidence warrants it, guilty of an attempt to commit such offense, without any special count in the indictment for such attempt.”

This is a proceeding of habeas corpus. The prosecution against these two appellants originated in the justice court of W. A. Wood-ham, justice of the peace, of Covington county, upon an affidavit of one E. R. Talley, and jt is evident therefrom that said affidavit sought to charge…