State v. Kennedy

— This was an indictment for an assault and battery with intent to murder. ' Plea, not guilty. Yerdict as follows : “We the jury find the defendant not guilty of the felonious intent to murder, but guilty of an assault and battery as he stands charged in the indictment; and we assess, his fine at ten dollars, and that he be imprisoned in the county jail for ten days.” The Court, on motion of the defendant, set aside that part of the verdict which finds him guilty, and gave judgment that he should be discharged.

It is a general rule, that where the accusation, as in the case before us, includes…