State v. Powers

The opinion of the court was delivered by

Benson, J.:

This appeal is from a conviction for an assault with intent to kill.

The information is very formal and contains much not essential to a charge under section 38 of the crimes act, defining the offense of which the defendant was found guilty. It charges that he did—

“Then and there, unlawfully, willfully, deliberately, premeditatedly, feloniously on purpose and of his malice aforethought make an assault upon one William H. Dawe, with a revolving pistol or gun loaded with powder and ball, the same being a deadly weapon and then and there held in…