State v. Tuggle
Supreme Court of Louisiana
Appeal from Third Judicial District Court, Parish of Claiborne; B. P. Edwards, Judge. Luke Tuggle, Jr., was prosecuted for an assault with intent to kill, and with inflicting a wound less than mayhem. A motion to quash the indictment was sustained, and the State appeals.
1Opinion of the CourtBreaux, C. J.
The defendant was charged with having committed an assault by pouring boiling water into the ear of Mary Ola Tuggle, while she was asleep, with intent to kill, and did then and there inflict a wound less than mayhem.
The defendant, through counsel, filed a motion to quash the indictment, alleging thq,t it failed to charge a crime and was not drawn in accordance with the requirements of section 794 of the Revised Statutes.
Moreover, that if it charged a crime un*332der the cited section, it is defective because of duplicity, in that two crimes, denounced in different statutes, to wit, sections 793…
2Cases cited2 opinions
- State v. JohnsSupreme Court of Louisiana · 1880
- State v. TaylorSupreme Court of Louisiana · 1883