
    No. 836.
    The State vs. Alexander Tumblon.
    Where the verdict convicts of a less offence than that charged in the indictment, the sentence must be for the less offence.
    
      Under a charge oí shooting with a dangerous weapon with intent to kill and murder, the jury may convict o£ inflicting a wound with a dangerous weapon less than mayhem, the two offences being of the same generic class and the latter included in the former.
    Appeal from the District Court for Ascension. Duffel, J.
    Barhart, District Attorney, for the State. Pugh for Defendant.
    The prisoner was indicted for the crime of shooting with a dangerous weapon with intent to kill and murder, but was convicted of a less offence, viz., inflicting a wound less than mayhem with a dangerous weapon. The court however sentenced him to the punishment provided for the crime charged.
   De Blanc, J.,

delivered the opinion annulling the judgment and remanding the case for a sentence to be passed on the prisoner conformable to the verdict.  