Arthur v. State

The appellant was indicted at the fall term, 1847, of the district court, upon the charge of the murder of one Benjamin Myers. In charging the assault, the indictment states that the accused, “in and upon one Benjamin Myers, in’ the peace of God and the said state then and there being, did make an assault,” omitting to charge that the assault was committed feloniously 'or with malioe aforethought. In other respects, the indictment conforms to the precedent for an indictment for murder by cutting the throat, in 3 Chit. Or. Law, 757.

At the fall term, 1848, the accused was put upon his trial…