Bedell v. State

Citations

• 50 Miss. 492

Syllabus

<p>1. Criminal Law — Party may be Convicted oe an Inferior Constituent Offense. — Tbe Kev. Code of 1871, § 2809, provides that a defendant in a criminal prosecution may be convicted of any offense necessarily included in tlie offense charged in the indictment; held, that under an indictment for an assault with intent to kill and murder, the accused may be convicted of a common assault.</p> <p>2. Same — Unnecessary Descriptive Words in a Verdict will not Vitiate it— Case in Judgment. — The accused was indicted for an assault with intent to kill and murder, the jury found the accused not guilty as charged in the indictment, but guilty of “ assault in an attempt . to commit manslaughter:” held, that the verdict is good as a finding as to tlie “.assault,” leaving off, as surplusage, the descriptive words “in an attempt to commit manslaughter,” hence the finding, under the law, was for a misdemeanor only, and accused should have been so punished.</p>