State v. Gravely

Miller, President:

Upon an indictment in the criminal court of Raleigh county, charging defendant with the murder of one Lilly, the jury found him guilty of murder in the second degree, and' the judgment thereon of the criminal court, that he be imprisoned in the penitentiary for twelve years, being affirmed on appeal by the circuit court, he has brought the case here for review on writ of error.

The sufficiency of the indictment, tested by demurrer thereto in the court below, is challenged here. The objection to it is, that it is in two counts, and that the first count does not, as required by…