Whelchell v. State

An indictment was found against Davis W. Whelchell for the murder of William Eshleman. Under the decision in Cardell v. The Stale, 22 Ind. 1, we think the *90first count in the indictment was good. It was not absolutely necessary that the part of the body struck by the ball should be specified. The indictment contained a second count against Lewis Elliston, as an aider and abettor. This count we think was good. See as to counts for aiding, etc., Ulmer v. The State, 14 Ind. 52; United States v. Mills, 7 Peters’ Rep. 138; United States v. Lanber, 6 McLean, 598. Whelchell was convicted and sent to…