Wall v. State

Indictment charging that “ on, etc., at etc., the defendant did unlawfully and feloniously make and perpetrate and assault, upon the body of one M. B. T. by, with the intention theii and there, him, the said M. L. T., feloniously, purposely, and of his premeditated malice to kill and murder, by then and there firing and shooting at him, the said M. L. T., a pistol loaded and charged with powder and leaden balls,” etc.

It is urged against theindictment that it does not charge the assault to have been made purposely, maliciously, or with premeditation, and that it does not sufficiently state the…