People v. Jacobs

By the Court, Sawyer, J.. The indictment was designed to be for “ an assault with a deadly weapon, etc, with intent to inflict, etc., bodily injury,” etc., under the fiftieth section of the Act concerning crimes and punishments. The indictment charges the defendant with “ an assault with intent to inflict upon the person of another bodily injury;” that said Baron Jacobs, etc., “witha certain pistol, etc., did then and there unlawfully make an assault,” etc. A demurrer to the indictment for insufficiency was sustained and the People appealed. The indictment neither follows the language of the…