Plake v. State

— The indictment charges that the appellant did unlawfully and feloniously touch and wound Frank L. Johnson by discharging into his person the contents of a pistol, loaded with.powder and ball, “ with the intent then and thereby him the said Frank L. Johnson, feloniously, purposely, and with premeditated malice to kill and murder.” Counsel asserts that the indictment is bad, because it does-not allege that the touching and wounding were done purposely and maliciously, but we regard this contention as entirely destitute of merit. Where an indictment charges that the contents of a pistol were…