State v. Johnston
Tennessee Supreme Court
In this case the defendant was indicted in the Circuit Court of Roane County for malicious stabbing under the Act of 1829, chapter 28, section 55, and upon the trial the Court charged the jury upon the authority of a note to Caruthers and Nicholson’s statutes, page 825, that they might acquit of the felony and convict the defendant of an assault and battery, and the jury 'accordingly returned a verdict of not guilty of the malicious stabbing, but guilty of an assault and…
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In this case the defendant was indicted in the Circuit Court of Roane County for malicious stabbing under the Act of 1829, chapter 28, section 55, and upon the trial the Court charged the jury upon the authority of a note to Caruthers and Nicholson’s statutes, page 825, that they might acquit of the felony and convict the defendant of an assault and battery, and the jury 'accordingly returned a verdict of not guilty of the malicious stabbing, but guilty of an assault and battery. The judgment was arrested upon motion, and the Attorney General, on behalf of the State, appealed.
1Opinion of the Court
By the COURT:
Let the judgment of the Circuit Court be affirmed and the prisoner discharged.
Judgment affirm d.
2Cited by105 opinions
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