State v. Coy
Supreme Court of Vermont
AT the last term of Rutland county court, the respondent was indicted and tried for an assault, with an intent to commit murder. On the trial, the jury under the direction of the court, found him guilty of the assault, but not guilty of the intent.
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AT the last term of Rutland county court, the respondent was indicted and tried for an assault, with an intent to commit murder. On the trial, the jury under the direction of the court, found him guilty of the assault, but not guilty of the intent. The opinion, of the court, expressed in their charge to the jury, being excepted to by the respondent, and a motion in arrest of the judgment filed by him, the exception was allowed by the judges, and the record certified to this Court for their final decision thereon. Williams, in support of the motion. It is a general rule, that unless the…
1Opinion of the Court
Skinner, Ch. J.
delivered the opinion- of the Court.
The defendant is indicted for an assault, with intent to commit murder. The jury have, by their verdict, under the instruction of the county court, acquitted him of the offence charged, and convicted him of a common assault, and the question is, will the law justify the verdict ?
It is a general rtile at common law, “where the accusation in the indictment includes an offence of inferiour degree, the jury may discharge the defendant of the higher crime, and convict him of the less atrocious.” The exceptions to this rule are such as evidently…
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