Demasters

The information charged that the defendant “did willfully, unlawfully, and feloniously assault one James Crawford with intent to commit mayhem.”

At the conclusion of the evidence certain written requests to instruct the jury were submitted by counsel for defendant, and, at the conclusion of the argument, these, and also certain instructions prepared by counsel for the people, were given, and following these the court *672 gave certain other instructions of its own motion, and was proceeding to instruct the jury as to the form of their verdict, when counsel for defendant, Mr. Eoth, said: “If the court please, have you forgotten an instruction as to the degrees ? There are two degrees.” The Court. “ You have offered no instruction on that subject.”

Mr. Roth. “ I thought it customary for the court to give those instructions.”

The Court. “ I was going to instruct them as to the form of the verdict.”

Mr. Roth. “ Very well, the form may give it.” Thereupon the court instructed the jury that, if they found the defendant guilty of an assault with intent to commit mayhem, their verdict should be: “We, the jury, find the defendant guilty of an assault with intent to commit mayhem;…