Long v. State
This text of 34 Tex. 566 (Long v. State) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 [568]*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.
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34 Tex. 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-state-tex-1871.