Carder v. State

This was a prosecution for an assault and battery with intent to murder. The indictment charges “ that A lbert Carder, on, &c., at, &c., did then and there unlawfully and feloniously, in a rude, insolent and angry manner, touch and strike one Ilarvey S. Dale, with intent then and there unlawfully and feloniously, and with premeditated malice, to kill and murder the said Ilarvey S. Dale, by shooting him in the back with a gun loaded with powder and shot, wdiich gun the said Albert Carder then held in his hands,” &c.

Defendant moved to quash the indictment; but the motion was overruled, and he…