State v. Smith

The court below sustained a motion to quash the indictment preferred against appellee, and entered, judgment in his favor, from which the State appeals.

The indictment charges that the appellee, at a time and place therein named, “did unlawfully commit an assault -and battery upon the person of one Michael E. Stokes, by then and there, in a rude, insolent and angry manner, touching, striking, beating, bruising and wounding him, the said Michael E. Stokes.” The appellee insisted by his motion in the trial court, and insists by his brief here, that the indictment is insufficient, because it is…