Banner v. Commonwealth

Jack Banner, sometimes hereinafter referred to as defendant, was indicted under the Maiming Act, § 18.1-65 Code of 1950, as amended. The indictment charged that he “unlawfully, feloniously and maliciously did make an assault, upon B. J. Atwood, and him the said B. J. Atwood, unlawfully, feloniously and maliciously shoot, wound and shoot with a pistol # # # causing bodily injury to said B. J. Atwood with intent,. * * * to maim, disable, disfigure and kill, # * #_» Under this indictment the defendant could have been found guilty of any felony or misdemeanor substantially charged therein,…