State v. Robinson

Citations

• 31 S.C. 453
• 10 S.E. 101
• 1889 S.C. LEXIS 54

Syllabus

<p>Under an indictment for assault with intent to kill, the jury found defendant “guilty of an aggravated assault and battery.” Held, on motion in arrest of judgment, that an assault with intent to kill includes the lesser offence of “an aggravated assault,” and to that extent the indictment supported the verdict; and although the conviction of a battery could not stand because it was not charged, yet the words, “and battery,” could be stricken from the verdict as surplusage, without affecting the sense of that which remained. The defendant, therefore, was properly sentenced to punishment for an aggravated assault.</p> <p>Mr.. Justice McIver, dissenting.</p>