Pierce v. State

Appellant was charged by affidavit with malicious mayhem and convicted of simple mayhem. The affidavit is not in the language of either statute. The pertinent language of the former is: “Whoever, purposely and maliciously, with intent to maim or disfigure . . . cuts off or disables a limb or any member of another person, is guilty ...” § 10-407, Burns’ 1933, § 2413, Baldwin’s 1934. The latter reads: “Whoever, violently and unlawfully, deprives another of the use of any bodily member ... is guilty . . .” § 10-408, Burns’ 1933, § 2414, Baldwin’s 1934. The affidavit alleges that appellant “did…