Fuerst v. State

delivered the opinion of the Court., The plaintiffs in error were indicted, in the circuit court of Knox county for an assault with intent to commit murder in the first degree upon the body of one Hal Dick, and were convicted and sentenced to three years in the State penitentiary.

The first question made is upon the verdict, which, omitting the formal parts, was as follows:

“They find the defendants guilty as charged in the first count of the indictment, and fix their punishment at three years in the State penitentiary.”

There is only one count in the indictment. It charges, in terms, an assault…