State v. Simpson
State v. Simpson
Opinion of the Court
The accusation in this case is an assault with intent to murder. The indictment charges in plain and intelligible words, that the assault was made by the defendant upon two persons, naming them. It charges the act done, distinctly and unequivocally. The assault is alleged to have been simultaneously made upon these tiro persons. But when the indictment comes to charge the guilty intent, the name of one of the persons, thus assaulted, is pretermitted. The indictment
Reversed and remanded.
Reference
- Full Case Name
- State v. A. J. Simpson
- Status
- Published
- Syllabus
- 1—An indictment for an assault with intent to murder, which charged the .accused with assaulting two persons, but with the intent to murder only one of them, was not subject to be quashed on account of supposed noncompliance with the seventh sub-division of Article 8863, Paschal’s Digest, which requires offenses to he “ set forth in plain and intelligible words.”