Stevens v. State

Stevens was indicted for assault with intent' to commit murder in the first degree. He was tiled and found guilty of an “attempt to commit involuntary manslaughter,” and sentenced to one year’s imprisonment in the penitentiary. From this judgment he appeals in error.

*727The indictment was under §4626 of the’ Code, and the conviction of “attempt to commit” any of the crimes embraced in -it was, if involuntary manslaughter is included, authorized by § 5222 of the Code. The section under which the indictment was found beeame law in 1829. Erom that date to 1879 it had been treated by the profession…