Bailey v. State

46 So. 137, 93 Miss. 79

Opinion

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.