Easterling v. Commonwealth

Opinion of the Court by

Drury, Commissioner—

Affirming.

The appellant, whom we shall call the defendant, indicted under section 1166 of the statutes for malicious striking and wounding’ with intent to kill, was convicted1 of assault and battery, and his punishment fixed at a fine of $300.00 and 60 days in jail.

Defendant asks a reversal because his demurrer to the indictment was overruled, his position being that this was erroneous because the words, “with a deadly weapon*” were not used in the accusatory part of the indictment, though they were used in the descriptive part. The strict common law…