Thrawley v. State

Appellant was convicted of murder in the first degree. The errors assigned are the overruling of his motion to quash the indictment and of his motion for a new trial.

The indictment follows the form for murder in the first degree by shooting, given in Gillett on Crim. Law 417. Though the form is archaic and not the plainest and tersest that might be drafted, it states facts sufficient to constitute the crime of murder in the first degree. The statute commands that an indictment shall not be quashed “for any sunplusage or repugnant allegation, if there is sufficient matter .alleged to indicate…