Gallaher v. State

The appellants were tried and convicted upon an indictment charging them with having engaged in .a riot.

The rules of criminal procedure do not recognize the right of an accused to move to strike out part of an indictment. There is no necessity for such a motion. If the matter objected to is mere surplusage it does no harm; if it is material it makes the indictment double, and for that vice the remedy is a motion to quash.

*412Filed April 10, 1885.

What is said and done by persons during the time they are-engaged in a riot constitutes the res gestee, and it is, of course, competent to prove all that…