Badger v. State

Plaintiff in error was convicted of the offense of assault and battery. He made a motion in arrest of judgment, which the court overruled, and he brings error. His motion in arrest is based on the omission from the accusation of the distinct charge that the assault and battery was “unlawful.” The charging portion of the accusation is as follows: “The said Dennis Badger, . . with force and arms, did assault and beat one C. D. Fields in the State and county aforesaid, contrary to the laws, good order, peace, and dignity of said State.”

The accusation in this case was in strict conformity to the…