
    Corley v. The State.
    Bleckley, C. J. — 1. The motion in arrest of judgment is controlled by Moody v. The State, 54 Ga. 660, in connection with Arnold v. The State, 51 Ga. 144, Isom v. The State, 83 Ga. 378, and Jenkins v. The State, 92 Ga. 470, 17 S. E. Rep. 693.
    
      2. The indictment being for an assault with intent to murder, and alleging that with a pistol, a rock and a large stick the accused did assault, beat and shoot a named person; a conviction thereon could be had for shooting at that person, and there being evidence that the accused shot a pistol, making thereby a wound upon the person named in the indictment, although there was conflicting evidence both as to the shooting and the cause of the wound, there was enough on which to base a charge to the jury authorizing them, if they thought the evidence warranted it, to find the defendant guilty of the minor offense of shooting at another.
    3. The sentence having been pronounced in October, it was too late to except thereto on the following June. There was no error in denying a new trial, or in refusing to arrest the judgment.
    October 8,1894.
    
      ■ Indictment for assault to murder. Before Judge Clark. Rockdale superior court. April term, 1894.
    Defendant was found “guilty of shooting at another.” He moved in arrest of judgment, on the grounds, that the verdict did not find him guilty of any offense under the law, and that it was a special and not a general verdict and therefore illegal. He also 'moved for a new trial on the general grounds, and because the court charged the jury that he could be found guilty of shooting at another. He excepted to the overruling of these motions, and to the sentence of the court. The verdict was rendered and the sentence pronounced at the October term, 1893. The two motions were overruled in May thereafter.
    A. C. McCalla, J. R. Irwin and J. N. Glenn, for plaintiff in error. J. S. Candler, solicitor-general, contra.
    
   Judgment affirmed.  