State v. McDaniel

The opinion of the court was delivered by

Nicholls, O. J.

The indictment returned against the defendant charged that “ he feloniously did strike one Joseph Lazario with a dangerous weapon, to-wit: a large club, with intent him the said Joseph Lazario then and thereby feloniously to kill and slay, contrary to the form of the statute, in such case made and provided.” The accused having been found guilty by the jury moved in arrest of judgment “ on the ground that the word ‘ wilfully ’ is not used in the indictment, which was framed under Act 44 of 1892, which word ‘ wilfully ’ was sacramental,…