Hornsby v. State

[1 ] The defendant was indicted for the offense of murder in the second degree, and was convicted of manslaughter in the first degree. The indictment averred that defendant unlawfully and with malice aforethought killed Williams, a man, whose other name was to the grand jury unknown, by shooting him with a pistol, hut without premeditation . or deliberation, against, etc. There was but one count in the indictment. No demurrers appear to have been filed to the indictment; but it is here insisted for the first time on appeal that the indictment insufficiently described the deceased.

[2] Murder…