Flowers v. State

Citations

• 101 Miss. 108
• 57 So. 226

Syllabus

<p>1. Criminal Law. Instructions. Harmless error.</p> <p>Where accused was indicted for an assault and battery with intent to kill and murder and the evidence only showed an assault with intent to kill, it was harmless error for the court to instruct the jury that if they believed from the evidence beyond all reasonable doubt that defendant was guilty of assault with intent to kill and murder they should find him guilty as charged in the indictment, as under an indictment for an assault and battery with intent to kill and murder a conviction can be had for assault with intent to kill and murder.</p> <p>2. Same.</p> <p>The crimes of assault and assault and battery with intent to kill and murder, are merely statutory forms of attempt to commit murder, are both created by the same statute and the punishment for each is the same.</p> <p>3. Harmless Error.</p> <p>A conviction will not be reversed for an error not prejudicial to the party complaining.</p>