State v. Comfort

Comfort was indicted under 31st section of the 2d article of an act entitled “An act concerning crimes and their punishments,” passed 20th March, 1835, and- the indictment was quashed on motion of the defendant. To reverse this -judgment of the circuit court, this appeal is prosecuted.

The first count in the indictment charges, that John M. Comfort, &c. with force and arms, &c. a certain pistol then and there loaded with powder and divers leaden shot, which he, the said John M. Comfort, in his right hand, then and there had and held at and against one John D. Talbot,-&c. then and there…