State v. Deffenbacher

It is unnecessary to examine the objections urged to the rulings of the court on the trial, as we think the indictment is defective, and the motion in arrest should haye been sustained. The defend*27ant was indicted under the statute (Wagn. Stat. 462, § 55) for willfully and maliciously lulling a hull; but there was no allegation in the indictment that the act was done feloniously.

The section provides that upon conviction the punishment for the act shall be as declared in the next preceding section; namely, “Imprisonment in the penitentiary not exceeding three years, or in the county jail not…