State v. Bray

The defendant having been indicted at the Circuit Court of Franklin county, foT an assault on one Michael Jones, and having, on a plea of not guilty, been, by ver-' diet of a jury, found guilty thereof, a motion was made by his counsel, in arrest of judgment; and the only reason alledged, is, that the indictment does not state that the assault and battery was done unlawfully, which motion was sustained, and the judgment arrested ; to reverse which, this writ of error was brought/

The indictment states, that the defendant, on the day, year and place therein mentioned, with force and arms, in…