Gragg v. State

BEAUCHAMP, Judge.

Appellant was convicted of the murder of his wife and the jury assessed the death penalty.

The indictment charges Chesley Arthur Gragg did on the sixteenth day of June, 1943, with malice “kill Flora Gragg, by then and there drowning the said Flora Gragg, * * The appeal raises the question as to the sufficiency of this indictment. We know of no better way to express our conclusion than the following language from Jackson v. State, 28 S. W. 815:

“Omitting preceding portions, the indictment charges that appellant ‘did unlawfully, with malice aforethought, murder and kill Sam Crow…