State v. Howes

Johnson, President:

At the March term, 1882, of the circuit court of Barbour county the defendant was indicted for robbery; but the indictment failed to charge, that the property was taken from the person forcibly and against the will of the party from whom taken. The indictment for robbery is here of course admitted by the State to be bad. A motion to quash the indictment was overruled; and the defendant pleaded not guilty. The jury found the defendant not guilty of the felony charged, but found him “guilty of an assault, upon John Prim as charged in the indictment.”

The defendant moved the…