Supreme Court of New Jersey June 11, 1900 (State v. Dugan)

The opinion of the court was delivered by

Van Syokel, J.

The defendant was indicted for assault and battery with intent to kill, and also in a second count for simple assault. There was a general verdict of guilty, and judgment was pronounced against the defendant for the penalty for the higher offence.

*66There was abundant proof of the defendant's guilt of the offence charged in the first count.