Hussey v. State

This is an appeal from a conviction for a simple assault.

The indictment charges that the appellant “in and upon one Fred Weaver then and there did wilfully and unlawfully make an assault . . . against the peace and dignity of the state of Mississippi.”

A demurrer to this indictment was overruled and one of the instructions for the state charged the jury to convict the appellant in event they believed, from the evidence, that he “made an assault on Fred Weaver at the time and place and in the manner and form charged in the indictment.”

The assignment of error challenges the overruling of the…