State v. Lee
Mississippi Supreme Court
State v. Lee, 111 Miss. 773 (Miss. 1916)
72 So. 195
Smith
State v. Lee
Opinion of the Court
delivered the opinion of the court.
It is clear the indictment charges each of the defendants-with having cut Tates, “with the felonious intent then and there him, the said Jim Tates, to unlawfully, willfully, feloniously, and of his malice aforethought kill and murder,” and, although the language used is ungrammatical, the indictment nevertheless is valid.
Reversed and remanded.
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- Indictment. Requisites. Mistakes of grammar. An indictment for assault with intent to kill, as set out in this case, sufficiently charged felonious intent though the language used was ungrammatical.