Stuckmyer v. State

This was a prosecution under the act of 1865 (Spec. Ses., p. 165.) It was commenced before the city judge of Indianapolis. The only question is as to the sufficiency of the affidavit. It alleged that the appellant did, “ on, &c., at, &c., by words, signs and gestures, attempt to provoke Jacob Piffle to commit an assault and battery upon him, said Stuckmyer.”

It is objected, 1, that the words, signs and gestures are not stated or described. 2. That the assault and battery is not formally and legally described. Some authorities are cited as supporting these objections, but they seem to us not to…