Mississippi Supreme Court, 1908

Bailey v. State

Bailey v. State
Mississippi Supreme Court · Decided March 15, 1908 · Mayes
93 Miss. 79; 46 So. 137

Bailey v. State

Opinion of the Court

Mayes, J.,

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.

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