Surber v. State

Elliott, J. —

The fourth count of the indictment upon which the judgment of conviction rests charges that “ the defendant did unlawfully, feloniously, and without malice, express or implied, and involuntarily kill one Thomas Burgess, by then and there shooting him, the said Thomas Burgess, in and upon the head with a certain revolver, loaded with gunpowder and leaden ball, which he, the said George Surber, then and there had and held in his hand, while he, the said *72George Surber, was then and there in the commission of an. unlawful act, to wit, unlawfully drawing a certain dangerous and deadly…