State v. Fiester

1. It is contended that the court erred in overruling a demurrer to the indictment. This accusation, in specifying the means made use of to .accomplish the alleged purpose, charges that the «defendant “did then and there feloniously, purpose*256ly, and of deliberate and premeditated malice kill Nancy E. Fiester, by then and there beating her with his fists, and by choking her, and by pushing and dragging her into the water, and holding her under the water, whereby she was drowned,” etc. The statute, in prescribing the method of charging an offense, declares: “The indictment must charge but one…