State v. Palmer

EXUM, Justice.

Defendant was tried on an indictment charging assault with a deadly weapon with intent to kill inflicting serious injury.1 The jury returned a verdict of guilty of assault with a deadly weapon.2 Defendant was sentenced to two years imprisonment.

This case presents two questions for decision. The first is whether the Court of Appeals erred in holding the indictment insufficient to support the verdict and judgment because it charged an assault with. “a stick, a deadly weapon” without further description of the size, weight or other properties showing the deadly character of the…