
    John Bradley vs. The State of Mississippi.
    An indictment, which charges the accused “ with an assault and battery, with a deadly weapon upon a certain slave, with the intent to commit manslaughter,” can be construed to be an indictment for only an aggravated assault. It is not an indictment for an assault with intent to hill, by which is understood and has been held, an intent to commit murder.
    On the trial of a man, indicted for an assault and battery, with a deadly weapon on a slave, with intent to commit manslaughter, the proof by a single witness that the prisoner was seen with a knife in his hand in pursuit of the slave when he was stopped by the witness, and then made threats against the life of the slave ; held, to be entirely insufficient to warrant the prisoner’s conviction.
    In error from the circuit court of Monroe county ; Hon. A. B. Dawson, judge.
    John Bradley, in April, 1847, was indicted for having, with a “ dirk knife, being a deadly weapon, cut, beat, bruised, maimed and ill-treated, with intent, in and upon one lsham, a slave of William Cozart, wilfully, maliciously and feloniously to commit manslaughter.”
    On the trial, the jury found the prisoner guilty; and the court sentenced him to jail for a period of two years.
    One McWilliam, the only witness for the prosecution, testified that he saw the prisoner run after the negro about ten steps behind him with an open dirk knife in his hand; witness called upon the slave to jump the fence; upon which the prisoner stopped the pursuit, stating that the slave might then escape, but he would catch him and have his blood; the prisoner then waited until the witness came up to him. This was all the proof.
    The prisoner spied out this writ of error.
    
      
      J. W. Robb, for the plaintiff in error.
    1. The prisoner is charged in the indictment 'with no offence; there being no such crime known to the law as an intent to commit manslaughter, and that a man could be guilty of such an intent is absurd, by the very nature of the crime as defined by the statute.
    2. Because it appears, from the testimony, no assault was made; Bradley not being within striking distance of the boy he is accused of assaulting; to make the crime of-assault, the intent, coupled with the ability to do present harm, must concur. Now this latter ingredient was wanting; therefore he made no assault. 1 Hawk. P. C. 110; 3 Black. Com. 120.
    3. Because the finding of the jury was contrary to the evidence which is good cause for granting new trial. Graham, 368.
    
      John D. Freeman, attorney-general, for the state.
   Mr. Justice Thacher

delivered the opinion of the court.

This is an indictment preferred by the grand jury of Monroe county against John Bradley. The indictment charges the accused with an assault and battery with a deadly weapon, upon a certain slave, “ with the intent to commit manslaughter.”

This indictment can be construed only to be an indictment for an aggravated assault. It is not an indictment for an assault with an intent to kill, by which is understood and has been held, an intent to murder.

The evidence, that of a single witness only, shows that the defendant below was seen with a knife in his hand in pursuit of the slave when he was stopped by the witness, and that he then made threats against the life of the slave.

The evidence is entirely insufficient to warrant the conviction, and the judgment of the circuit court was erroneous.

The judgment must be reversed and a new trial awarded in Monroe circuit court.  