Smith v. State

The appellant was charged in four counts with:

1. Assault.

2. Drawing a dangerous weapon.

3. Assault with intent to murder, and

4. Resisting arrest hy a sheriff by the use of a loaded shotgun.

He was found not guilty on all counts except the fourth (resisting arrest), under which he was found guilty of “simple assault”. The jury’s verdict was as follows:

*128“We, the Jury, find the defendant guilty of simple Assault as contained in Count 4 of the affidavit, and that he be fined in the sum of $100.00 (not exceeding $500.00) and that he be imprisoned for a period of 90 days (not exceeding six months,…