State v. Kye

The opinion of the court was delivered by

Breaux, J.

The defendant was indicted for having wilfully and feloniously shot into a dwelling house in violation of the statute denouncing as an offence the shooting at a dwelling house.

The jury returned a verdict of guilty as charged.

The defendant moved for a new trial on the ground that the indictment charged the defendant with shooting into a dwelling house, and not with shooting at a dwelling house.

The court granted the new trial.

The district attorney excepted to the ruling, and from- the judgment granting a new trial the State prosecutes this…