Isom v. State

The indictment, in charging the defendant with the offense of assault with intent to murder, stated that he, “with a certain poeketknife or other sharp instrument, the same being a weapon likely to produce death,” did unlawfully cut, stab, and wound Waco Sanders, with the intent to kill and murder him. The defendant filed a special demurrer alleging that, since the indictment charged the assault was made “with a certain pocketknife or other sharp instrument,” the charge was in the alternative, and the indictment was fatally defective. The demurrer was overruled, and that judgment. was…