Wills v. State

The plaintiff in error was indicted by the grand jury of Ralls county, for an assault upon one Samuel Lightner, with intent to kill, and convicted.

The first count in the indictment charged an assault made feloniously, on purpose, and of his malice aforethought, under the 32d section of the act concerning crimes and their punishments.

The second count charged, that said “Wills, on the day and year aforesaid, and in the said county of Ralls,” made a felonious assault, with intent feloniously to kill the said Lightner.

On the trial, the Attorney for the State entered a nolle prosequi on the first…