Jimerson v. State

Citations

• 93 Miss. 685
• 46 So. 948

Syllabus

<p>Cbiminai, Law and Pbocedube. Indictment. Duplicity. Code 1906, § 1043. Assault, etc., with intent to murder. Assault, etc., in the attempt to murder.</p> <p>If an assault and battery with intent to kill and murder and an assault and battery in the attempt to kill and murder be regarded as two offenses in the abstract, they are nevertheless so associated and punishable that the same indictment may charge them both in the same count, as having been committed at the same time by the same- defendant against the same person, without being demurrable for duplicity; this is certainly true under Code 1906, § 1048, providing that every person who shall be convicted of shooting at. another, or of attempting to discharge any fire arm or air gun at another wilfully, or of any assault or assault and battery upon another .with any deadly weapon or other means ■or force likely to produce death, with intent to murder, etc., or in an attempt to commit any murder, etc., shall be imprisoned in the penitentiary for not more than ten years, or shall be fined not more than one thousand dollars, or by imprisonment in the county jail not more than one year, or both.</p>