¶1The opinion of the Court was delivered by
¶2The defendant was charged by information with cutting-one John Cullen with a razor with intent to murder, under Sec. 791r R. S.
¶3He was convicted of inflicting a wound less than mayhem, an offense denounced by Sec. 794, R. S.
¶4He appeals to this Court, and assigns as error that the verdict was not responsive to the charge and that the variance between the two-was fatal.
¶5There have been frequent adjudications by this Court upon this point, and upon the authority of the same the assignment must be sustained. State vs. Murdock, 35 A., 729; State vs. Pratt, 10 A., 191; State vs. Johns, 32 A., 812.
¶6It is therefore ordered, adjudged and decreed that the verdict of the jury and the sentence thereon be annulled, avoided and reversed, and the accused discharged. -
¶7Dissenting Opinion.
¶8I dissent for the reasons set out in my dissenting, opinion in the Murdock case.