State v. Fils

The defendants, Jean Gay Fils, and Joseph Duplechain,. having been found guilty of breaking and entering a dwelling house in the night time with intent to commit a rape, have appealed from the judgment sentencing them to imprisonment at hard labor in the State-penitentiary for life. They assign as error:

First — The court a qua erred in overruling their demurrer to the-indictment against them, because the said indictment describes the crime of rape by its technical name only ; and the intent to commit rape being of the essence of the crime charged, the indictment is. fatally defective in not…