State v. Lowry

The opinion of the Court was delivered by

Fenner, J.

The accused was indicted under Sec. 790 of the Revised Statutes, providing: “ If any person lying in wait, or in the perpetration or attempt to perpetrate any arson, rape, robbery or burglary, shallshoot, stab or thrust any person with a dangerous weapon, with the intent, to commit the crime of murder, he shall, on conviction thereof, etc.”

The indictment charges that, under the circumstances prescribed in-the statute, the accused “ did strike or thrust with a dangerous weapon, namely, an iron bolt, rod or pin, one John P. D. Brooks, with…