Opinion
June Term, 1806.
Indictment contains two counts: one for a mayhem under the statute, and charges the defendant with aiding and abetting the mayhem; the other for an assault and battery. Defendant acquitted upon the first count and convicted upon the second. Judgment cannot be rendered against defendant upon this conviction.
THE indictment contained two counts: the first charged that one James Philips and the defendant, Daniel Bridges, with force and arms, of malice aforethought, unlawfully did make an assault upon one James Blackwell, with an intent to maim and disfigure the said Blackwell; and that Philips, of his malice aforethought, unlawfully put out the right eye of the said Blackwell with intent to maim and disfigure him; and that the defendant, Bridges, at the time thereof, knowing and privy to the putting out of the eye of the said Blackwell by the said Philips, with force and arms, and of his malice aforethought, unlawfully was present, counseling, aiding and abetting the said Philips to put out the right eye of the said Blackwell, contrary to the act of Assembly, etc. The second count charged that the defendant, Bridges, with force and arms, made an assault upon the body of the said Blackwell, and him, the said Blackwell, did beat, wound and ill-treat, etc. The jury found the defendant guilty upon the second count and not guilty upon the first. It was submitted to the Court, whether the judgment could be rendered against the defendant upon this verdict.
From Halifax.
Upon the statement of facts in this case, judgment must be rendered in favor of the defendant.