Daffan v. State

LATTIMÜRE, J.

Conviction'for simple assault; punishment, a fine of $25.

This prosecution was upon affidavit and information alleging an aggravated assault by the use of some heavy object, the name of which was unknown, and a better description of which the maker of the affidavit could not give or obtain by the use of reasonable diligence ; said object being a deadly weapon in the manner of its use.

That a homicide or lesser grade of assault may be charged sufficiently by indictment or information which alleges that the means or instrument used was unknown to the grand jury or to the maker of the…