Stucker v. State

Appellant was prosecuted upon an affidavit, consisting of two counts, the first of which was predicated upon a charge of assault and battery, coupled with a felonious intent to commit murder. This count charges that in Fountain county, Indiana, on October 25, 1905, the defend*442ant “did then and there feloniously, purposely, with premeditated malice and in a rude, insolent and angry manner, unlawfully touch, choke' and strangle one Amanda Stucker, with intent, ’ ’ etc. The second count attempts to charge the defendant, on the same date and in the same county, with the commission of an assault…