Hughes v. State

Upon an indictment charging an assault and battery with intent to kill and murder, the appellant was convicted and sentenced to three years in the state penitentiary, from which he appeals.

The record shows without dispute that appellant committed an unwarranted assault upon Floyd Griffie by cutting him in the back with a pocket knife and by further cutting him in the hip, the wounds being of such severity as to require fourteen stitches.

The first assignment of error is that the indictment fails to charge that the victim was a human being. This point was raised by a demurrer which was…