State v. Forney

Tho defendant was indicted for shooting with intent to kill and murder, while lying iu wait, under section 790 of the Revised Statutes of 1870, and having been found guilty without capital punishment and sentenced accordingly, has appealed.

He makes two points here, firstly, that the indictment is totally defectivo, and secondly, that there was on the trial a separation of the jury which in a capital case vitiates their verdict.

First — We do not perceive that the indictment is deficient, either in the specification of the time the crime was committed, or of the elements of the crime itself.

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