State v. Murphy

In this ease an indictment charged that the de fendant on, &c., at., &c., “ did then and there in and upon one H. M., then and there being, make an assault, and him, the said H. M., he the said, &c., did then and there strike, beat and wound, in a rude and insolent manner, with the in tent then and there, the said H. M., purposely, feloniously, and with premeditated malice, to kill and murder,” &c. On motion the indictment was quashed.

It is urged that the indictment should have named the instrument with which the battery was committed, and have alleged that it was so committed unlawfully.

The…