State v. Hood

The judgment of the court was pronounced by

Preston, J.

The 4th section of an act approved the 7th of February, 1829, enacts that “ Whoever shall, with a dangerous weapon or with intent to kill, make an assault upon another person, in the peace of the State then being, shall on due conviction thereof be imprisoned, &c.” An indictment under this statute was filed against the defendant, which was quashed upon the motion of his counsel, and the State has appealed.

In the case of The State v. Jones, the late Court of Errors and Appeals - in criminal cases maintained an appeal on behalf of the State…