Crockett v. State

The plaintiff in error Avas indicted-for an assault with intent to commit murder in the first degree upon the body of one James Maxwell. The jury rendered a verdict of “guilty of an attempt to commit voluntary manslaughter,” and fixed his punishment at two years in the State penitentiary. From this judgment he has appealed to this court and assigned errors.

The first error assigned is upon the refusal of the trial judge to set aside the verdict because the jury found the defendant guilty of a crime not included in the indictment. This assignment must be overruled.

It has been held that an…