Thompson v. State

Mississippi Supreme Court April 15, 1906

Thompson v. State, 88 Miss. 223 (Miss. 1906)

40 So. 545

Oalhoon

Opinion of the Court

Oalhoon, J.,

delivered the opinion of the court.

Appellant was indicted for assault and battery with intent to 'kill and murder. The verdict was: “We, the jury, find the -defendant guilty of assault and battery with intent to kill.” This verdict as it stands is a conviction of assault and battery *226only, and if it so remained and had been followed by sentence as for a felony, we would have reversed and remanded for proper sentence. But the jury in the present ease was sent back for a more explicit verdict, and returned one of guilty as charged in the indictment. The first verdict was clouded and uncertain as to real intent, and it was not error to have it make certain the actual conclusion of the minds of the jury.

The points raised in reference to questions to the witness Lula Wharton and the reading and commenting on the stenographer’s notes of her testimony cannot be availed of, because it is not sufficiently shown that objections were made at the time.

Affirmed.

Reference

Full Case Name: Arthur Thompson v. State of Mississippi
Status: Published
Syllabus: 1. Criminal Law. Assault 'loith intent to murder. Verdict. Correction. Under an indictment for an assault and battery with intent to kill and murder, a verdict, finding the defendant “guilty of an assault and battery with intent to kill,” is: (а) In legal effect only a conviction of an assault and battery, a misdemeanor; but (б) Being clouded and uncertain the trial court may properly refer it back to the jury for a more specific finding; and (c) The jury may thereafter return a verdict finding “the defendant guilty as charged.” 2. Same. Objections to testimony. Supreme court. Objections to testimony not made in the trial court will not be considered by the supreme court on appeal.