1 Blackf. 33 | Ind. | 1819
In determining the sufficiency of the verdict, it cannot be material of what part of the indictment the defend
The judgment is affirmed, with costs.
The jury may convict the defendant upon one count of the indictment, and acquit him upon another. So upon one part of a count capable of division : as, on a count for composing and publishing a libel, the defendant may be found guilty of publishing only. So, where the accusation includes an of-fence of inferior degree, the jury may discharge the defendant of the higher crime, and convict him of the less. 1 Chitt. Crim. Law, 637, 638.