Merritt v. Commonwealth

This writ of error brings under review proceedings of a trial in which the accused was convicted of attempted murder, and sentenced to eight years in the penitentiary. The first error assigned is to the action of the court in overruling the demurrer to the indictment. The indictment, with some parts deleted, reads thus:

“The grand jurors * * * present that, Lewis Merritt did, on the 25th day of March, 1934, * * * feloniously attempt to commit the crime of murder by then and there with a pistol, * * * charged and loaded * * * which * * * he, * * * then and there feloniously, wilfully and of his…