Canty v. State

THOMAS, Justice.

The indictment, trial and conviction were for murder in the first degree.

The indictment on which appellant was tried was in the following language: ■“The Grand Jury of said County charge, that before the finding of this indictment Dave Canty, unlawfully, and with malice aforethought, killed Eunice Ward by beating or cutting her with some instrument, a further description of which is to the grand jury unknown, against the peace and dignity of the State of Alabama.”

Said indictment was sufficient under the Code form. It avdrred that “some instrument” was employed in beating or…