Evans v. State

Will Evans was charged with assault with intent to commit murder, and was convicted of assault with intent to commit manslaughter. The only contention here is that the trial court, having received and recorded a verdict of “guilty of manslaughter,” a corrected verdict of “guilty of assault with intent to commit manslaughter” was unauthorized. The bill of exceptions contains the following:

“The jury retired and returned a verdict of, ‘We the jury find the defendant guilty of manslaughter. So say we all. R. L. Hay, Foreman.’ This verdict was handed by the foreman to the Clerk of the Court, who…