Hayworth v. State

J.— Information against Hayworth for maliciously killing a horse and colt, of the value of 160 dollars, the property of, &c. It is charged that the horse was poisoned and the colt stabbed. The allegation is that both animals were injured and killed by Hayworth, at the *591same time and place. The allegation of the manner of killing was-surplusage. Ind. Dig., p. 371. A motion to quash was overruled.

_D. D. Dykeman, J. W. Eldridge, and D. D. Pratt, for the appellant. J. E. McDonald, Attorney General, A. L. Roache, and H. P. Biddle, for the state.

The only objection of any plausibility urged against…