Huddleston v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of man slaughter, his punishment- being assessed at two years confinement in the penitentiary.

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…