Matthews v. State

The indictment under which the defendant was tried and convicted alleged that he did “unlawfully and with force and arms, and between dark and daylight, willfully and wantonly fire off and discharge a loaded pistol on the public highway and within fifty yards thereof; the same being the public road known as the ‘old Alabama Road’ and leading from Hannah’s mill to Barnes-ville; said shooting not having been done in defense of self or property, and not on his own premises.” Before arraignment and plea the defendant demurred to the indictment, on the ground that it alleged that the defendant…