De Hority v. State

Appellant was sentenced to be imprisoned for six months and to pay a fine of $1,000 on a verdict of guilty of assault and battery. The prosecution was by affidavit which charged assault and battery and assault and battery with intent to rape. The appellant has attacked the form of the charge. There is no language in the affidavit proper to indicate that it is in two counts. The first literary paragraph of the instrument charges assault and battery, and the second assault and battery with intent, substantially in the language of the statutes. The placita contains, in addition to the name and…