Bailey v. State
Mississippi Supreme Court
Bailey v. State, 93 Miss. 79 (Miss. 1908)
46 So. 137
Mayes
Bailey v. State
Opinion of the Court
delivered the opinion of the court.
Under the facts of this case the conviction of a simple assault and battery was a manifest error. The accused shot his wife in the head with intent to kill and murder, or he did not shoot at all, and under the particular indictment and facts proven there could only be a conviction of the crime charged, or an acquittal.
Reversed and remanded.
Reference
- Full Case Name
- Henry Bailey v. State of Mississippi
- Status
- Published
- Syllabus
- Criminal Law and Procedure. Assault and battery with intent to murder. Conviction of simple assault and battery. When vacated. Where a party indicted for an assault and battery with intent to kill and murder, is, under the evidence, either guilty as charged or innocent of crime, a' conviction of a simple assault and battery is erroneous and should be set aside.