Philpot v. State

DICE, Judge.

The conviction is for murder; the punishment, death.

*92The indictment was returned by the grand jury on March 2, 1959, and charged that on or about the 30th day of January, 1959, the appellant did unlawfully, voluntarily and with malice aforethought kill Joyce Goff “by choking and strangling her with a piece of wire and by choking and strangling her with his hands.”

Appellant filed a motion to quash the indictment on the ground that it was returned on a legal holiday, was multifarious, and failed to allege the instrumentality which caused the death of the deceased. In overruling the…