State v. May

Appellee, May, was indicted in the circuit court of Sunflower county of the crime of shooting with intent to kill and murder. Appellee demurred to the indictment, assigning five causes, as follows:

“First. The indictment charges no crime under the law.

“Second. The indictment attempts to charge the defendant with the crime of assault and battery with intent to kill and murder, but is badly defective, in that it fails to charge felonious intent on the part of the defendant.

“Third. The crime attempted to be charged was a misdemeanor at ‘common law,’ and is raised to degree of felony by section…