Long v. State

Texas Supreme Court
Long v. State, 34 Tex. 566 (Tex. 1871)
Evans

Long v. State

Opinion of the Court

Evans, P. J.

The appellant Long was indicted, under article 2155, Paschal’s Digest, for an assault to kill and murder.

. The verdict of the jury was in the following words: We, the *568jury, find the defendant guilty of an assault with intent to kill, and assess his punishment at two years’ confinement in the penitentiary..”

This verdict is manifestly erroneous and will not support the judgment. An assault with intent to kill ” is not an offense under our criminal law.

The jury probably omitted, through inadvertence, the word “murder” in their verdict; but the court cannot supply the defect.

The judgment is therefore reversed and the cause remanded.

Reversed and remanded.

Reference

Full Case Name
William Long v. State
Cited By
1 case
Status
Published
Syllabus
An “ assault with intent to kill ” is not an offense under our criminal law. A verdict, therefore, convicting a party of an “ assault with intent to kill ” is nugatory, and will not support a judgment founded thereon. Though the word “ murder ” may have been omitted from the verdict by mere inadvertence, yet it cannot be supplied by the court.