Kirkham v. People

Plaintiff in error was indicted and convicted of the crime of murder and sentenced to the penitentiary for a term of fourteen years. The evidence shows that on or about the 16th day of February, 1894, Newton L. Fowler, a physician by profession, was assaulted and struck on the head with some hard substance, from which he died on the 7th day of March, following.

The plaintiff in error raises numerous questions by his assignments of error. It is first claimed that the court erred in not quashing the indictment, because in the conclusion of the charging part it is not averred that the deceased is…