Miller v. State

The appellant Jacob P. M. Miller was prosecuted for the offense defined by §1983 Burns 1901, which provides: “Whoever, having the present, ability to do, so, unlawfully attempts to commit a violent injury on the person of another, is guilty of an assault,” etc. The affidavit and information charged that on the 9th day of March, in the year 1903, in the county of Miami, and the State of Indiana, the appellant, naming him, did then and there unlawfully assault William Sharp, by then and there unlawfully attempting, etc., pursuing substantially the language of the statute; contrary, etc. Besides…