50 La. Ann. 641 | La. | 1898
The opinion of the court was delivered by
The accused appeals from the sentence on the conviction for shooting with a dangerous weapon with intent to kill and murder.
On the rule for a new trial the ground was taken that the District Attorney in his argument commented on a previous trial of the accused for another offence. We find in the record no bill of exception presenting the question and can not notice it.
The motion in arrest of judgment is based on the ground the verdict is not responsive to the charge and states no crime known to the laws. The offence for which the accused was indicted is shooting with a dangerous weapon with intent to kill and murder. R. S. See. 792; Acts Nos. 38 and 44 of 1890. The verdict is guilty of shooting with intent to kill. The verdict, it is contended, is defective because it omits the words with a dangerous weapon. The argument treats the verdict as special, and defective because not stating all the essentials of the offence. While we recognize that special verdicts
It is therefore ordered, adjudged and decreed that the sentence of the lower court be affirmed.