Montgomery v. State

Essie B. Montgomery was indicted for murder for killing Leroy Engram, an innocent bystander, and was separately indicted for an assault with intent to murder by shooting Carlton Jones while he and Jones were engaged in a conflict with pistols. The cases were tried together by agreement, and the jury found the defendant not guilty of murder by killing Engram, the bystander, but returned a verdict of guilty of an assault with intent to murder Jones.

The defendant contends that the verdicts related to the same transaction, and that the verdict of guilty of an assault with intent to murder Jones…