McArdle v. State

The defendant was indicted and convicted for assault with intent to murder his wife. The trial court fixed his punishment at five years' imprisonment.

I

Omitting its formal parts the indictment charges that:

"Wade E. McArdle, whose name is to the Grand Jury otherwise unknown, unlawfully and with malice aforethought, did assault Francis McArdle with the intent to murder her, . . . ."

The defendant contends that this indictment is legally insufficient because it fails to specify the act or acts constituting the alleged assault with intent to murder.

Section 15-8-150 of the 1975 Alabama Code states:

"T…