State v. Hays

— The first question in this case is the sufficiency of the indictment. It is based on the 33d section of the 2d article of the act concerning eximes and punishments. 1 Wag. Stat., p. 450. The indictmeut charges that the defendant, on, &c., at, &c., “ did willfully and feloniously an assault commit in and upon the person of one Calvin Cook, in the peace of the State then and there being, and that he, the said defendant, a certain pistol, commonly called a revolver, the same being a deadly weapoxx, then and there in his light hand had and held, which said pistol was then and there loaded with…