Jenkins v. State

On June 29, 1962 an indictment was returned against the appellant charging him with “assault with intent to kill and murder” and assault and battery. On December 10, 1962 he was tried in the Circuit Court for Prince George’s County, by the court sitting without a jury. The court rendered its verdict as follows:

“* * * ¿he defendant is guilty of assault with intent to kill, being the first count of the indictment. We would think since the assault and battery is part of the element of assault with intent to kill that the second count should show not guilty as to the second count.”

The appellant…