Cole v. State
Supreme Court of Arkansas
Appeal from the Polk Circuit Court. Indictment for an assault with intent to commit murder, determined in the Polk Circuit Court, in September, 1849, before the Hon. Josiah Gould, Judge. Indictment, in substance, as follows : “ The Grand Jurors of, &c., duy selected, &c., upon their oath, present that William Cole, late of said county of Polk, on the 15th day of February, Á.D. 1849, with force and arms, within the body of the county of Polk aforesaid, in and upon one Thos.
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Appeal from the Polk Circuit Court. Indictment for an assault with intent to commit murder, determined in the Polk Circuit Court, in September, 1849, before the Hon. Josiah Gould, Judge. Indictment, in substance, as follows : “ The Grand Jurors of, &c., duy selected, &c., upon their oath, present that William Cole, late of said county of Polk, on the 15th day of February, Á.D. 1849, with force and arms, within the body of the county of Polk aforesaid, in and upon one Thos. W. Yerdell, in the peace of God and the State of Arkansas, then and there being, feloniously, wilfully, and with malice…
1Opinion of the CourtJustice Scott
It has been urged, with much earnestness, in this case, that the indictment is bad because the defendant is charged with an assault and battery with intent to murder, and not with a mere assault with that intent, and it is submitted that this excess changes the character of the offence, and it thereby defeats the indictment.
Our first inquiry, then, must be of this objection. And, as a general proposition, it would seem clear that a mere extended and minute narration in an indictment of the actual facts that have transpired in the commission of an offence could not of itself make the…
2Cases cited2 opinions
- People v. PerkinsNew York Supreme Court · 1828
- Carey v. PrenticeConnecticut Superior Court · 1784