State v. Price

Miller, Judge:

Tbe indictment alleges that the grand jurors “upon their oaths present that Arch Price, on the-day of-, 1917, and within one year next preceding the finding of ■ this indictment, * * * in and upon one Ernest McCoy, an assault did make” etc.

The errors assigned are that the court below should have sustained defendant’s demurrer to and motion to quash the indictment, and also his motion in arrest of judgment.

The record of the indictment shows that it was found and returned on the 20th day of April, 1920. The attorney general says in his brief that the evidence showed that the…