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33 Mich. 300

Wright v. People

Michigan Supreme Court

Decided January 19, 1876

Michigan Supreme Court · decided 1876-01-19

Clair Circuit. Wright was tried on a charge of assault with intent to murder one Woodward, alias Wagner, at Port Huron. The jury, having received the charge of the court, retired in charge of an officer, and shortly afterwards returned into court for further instruction as to whether the prisoner could be convicted under the information of assault and battery merely.

Good law ✅— No negative treatment on recordhow we know

Decided 1876-01-19

How this case has been cited

Cited by 4 later decisions — most recently March 1932

4 state decisions

101876188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Court

¶1held that the written finding.of the jury must control under the circumstances disclosed by this record as to what their real verdict was; that there being no such offense under our statutes as' an assault with intent to kill, the statutory offense being an assault with intent to commit the crime of murder, this written verdict cannot be construed as a finding that defendant was guilty of any thing more than an assault and battery; and that the sentence, therefore, was one not authorized by the verdict.

¶2Judgment reversed, and prisoner discharged.

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