Simmons v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the State penitentiary for a term of two years.

There are not any bills of exception nor a statement of facts in the record. Consequently, the only question presented for review is the sufficiency of the indictment. It contains three counts. The court submitted the case to the jury on the first count which, omitting the formal parts, reads as follows:

“That Carroll Simmons on or about the 25th day of April A. D., one thousand nine hundred and forty-two and anterior to the presentment of this Indictment, in the…