Wood v. State

(After stating the foregoing facts.)

While the offense charged was denominated in the indictment as an “assault,” the facts set forth therein show that it was actually an assault and battery, and it is well settled that in such a case the facts and not the denomination determine what particular offense is charged. And it is conceded in the brief of counsel for the accused that the facts set forth in the indictment show “a completed battery.” The indictment was not subject to special demurrer because it failed to give the exact name of the gas which the defendant was alleged to have released.…