Middleton v. State

CHRISTIAN, Judge.

The offense is murder; the punishment confinement in the penitentiary for ninety-nine years.

The indictment charged that appellant “did then and there unlawfully and voluntarily and with malice aforethought kill J. J. Middleton by poisoning him with strychnine.” The motion to quash the indictment was predicated upon several grounds. It was averred that the offense was not set forth in plain and intelligible words and that by reason thereof appellant was not able to properly prepare for trial. We quote one of the exceptions as follows: “Because said indictment is fatally…