Huddleston v. State

Appellant was convicted of manslaughter; his punishment being assessed at two years’ confinement in the penitentiary.

[1 ] The indictment contains two counts; the first charging that appellant killed the deceased, Ben Motley, by stabbing him with a knife, and the second by stabbing him “with some sharp instrument.” The second count of the indictment is attacked .as being insufficient; that the simple allegation stabbing him with some sharp instrument is .not a sufficient designation of the instrument with which the stabbing occurred. We are of the opinion this contention is correct. Where the…