State v. Marvel

Harrington, J.,

delivering the opinion of the Court:

The question is whether this Court committed an error in refusing to grant the defendant’s request for binding instructions on the ground that the indictment upon which he was tried was de*104fective, in that it failed to specifically and clearly negative the truth of the testimony alleged to have been given by the defendant before the Register of Wills of Sussex County. The allegation objected to and which applies to each assignment is as follows:

“Whereas, the said Alvin L. Marvel * * * then and there well knew that he did not sign the said will…