Marks v. State

The appellants were tried upon an indictment in two counts and were found guilty upon the first count.

Error is assigned upon the overruling of- motions to quash the first count of the indictment upon the ground that the offense is not charged with sufficient certainty. It is contended that the first count is bad for duplicity.

The first count, omitting the formal parts, is as follows:

“.. . . did then and there unlawfully and feloniously place and deposit cartridges containing dynamite upon and about the premises of the Indiana and Michigan Electric Company in the immediate proximity of a steel…