Kelly v. State

Danny Kelly was convicted of murder in the court below and sentenced to life imprisonment from which he appeals.

The indictment, omitting the formal parts, reads as follows: “that Danny Kelly ... on the day of June, A. D. 1947, with force and arms in the County, District and State aforesaid, and within the jurisdiction of this court, unlawfully, willfully, feloniously and of his malice aforethought, kill and murder J. T. Hilton, a human being . . .”.

It will be noticed that the indictment omitted the word “did” before the words “kill and murder” and said word does not elsewhere appear in the…