State v. Pizzolato

The state has appealed from a judgment sustaining a demurrer to an indictment, charging that the defendant “did wilfully, unlawfully and feloniously assault, strike and wound one Stella Carr, with the intent her, the said Stella Carr, to kill and murder.” The defendant contends, in his demurrer, that the language of the indictment is not sufficient to charge the commission of a crime.

Inasmuch as the indictment does not charge that the striking of the woman was done with a dangerous weapon, it does not charge a violation of section 791 of the Revised Statutes, as amended by Act No. 43 of 1S90,…