State v. Sumpter

— The defendant was convicted in the Circuit Court of Dent County of the crime of assault with intent to kill in shooting one Carroll. The information charged him under the Habitual Criminal Statute (so-called), Section 4461, Revised Statutes 1929, reciting that he had previously been convicted of carrying concealed weapons. By the terms of said Section 4461, this subjected the defendant to the maximum punishment for the felonious assault charged, which, under Section 4014, Revised Statutes 1929, may extend to life imprisonment in the penitentiary.

But the jury by their verdict assessed his…