McDaniel v. State

“Any person who shall stab another, except in his own defense or other circumstances of justification, with a sword, dirk, or knife, or other instrument of the Wee leind [italics oiirs], shall be punished as for a misdemeanor.” Code, § 26-1701. Under that section, a person is not guilty of stabbing unless he cuts or stabs another with a sword, dirk, or knife, or some other instrument of the Wee leind. In the indictment in this case the defendant was charged with assaulting the prosecutor “with a certain knife, razor, and dirk.” The indictment did not contain the words, “or other instrument of…