McDonald v. State

BROWN, Justice.-

The defendant was indicted for the murder of Irvin Whitaker, the indictment containing six counts, the averments of the means by which the offense was committed varying in the several counts, and in some of them it is averred such means were to the grand jury unknown. This form of pleading is authorized by the statute. Code 1923, § 4539. The means by which the offense was committed is not a constituent element of the offense of murder, though the averments as to the means used are material averments, and must be proved, unless they are averred to be unknown.. Code 1923, §…