93 Miss. 79
Decided March 15, 1908
Mississippi Supreme Court · decided 1908-03-15
ÍFiíom the circuit court of Calhoun county. Hon. J. T. Dunn, Judge. Bailey, appellant, was indicted and tried for an assault and battery with intent to kill and murder his wife; he was convicted merely of an assault and battery upon her, sentenced' therefor and appealed to the supreme court.
Decided 1908-03-15
¶1delivered the opinion of the court.
¶2Under 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.
¶3Reversed and remanded.