Westbrook v. State

Citations

• 52 Miss. 777

Syllabus

<p>U. Criminal Law. Statutory offense. Indictment and verdict. Code of 1871, . I 255%.</p> <p>‘The indictment against W. charged him with “feloniously aiding and assisting 1 in the escape of a prisoner confined in jail for a felony.” The jury found-the following verdict: • “We, the jury, on our oaths, do find the defendant guilty of negligently permitting the escape of the convict named in the indictment, but not guilty of feloniously aiding or assisting him to escape.” , Held, that the verdict of the jury acquitted the accused of the offense for which he was charged in the indictment, and' found him guilty of an offense for which he was not indicted, and no judgment of sentence could he legally rendered against him.</p>