State v. Scott

The opinion of the Court was delivered by

Bermudez, C. J.

The indictment contains two counts : On the first the accused was acquitted, but on the second he was convicted.

The prosecution is based on section 794 of the Revised Statutes.

The second count is that the defendant, with a certain dangerous weapon commonly called a pocket Jmi/e, did feloniously inflict a severe wound less than mayhem on the body of -, etc.

The motion in arrest made by the accused, charges that the indictment is fatally defective, because a pocket knife is not a dangerous weapon and because it does not charge “with intent…