Turnage v. State

James Turnage prosecutes this appeal to reverse a judgment of conviction for the crime of murder in the first degree.

The first assignment of error is that the court erred in not sustaining a demurrer to the indictment. The record shows that George Washington, James Turnage and Lindsey Turnage were indicted for the oxime of murder in the first degree charged to have been committed by killing William H. Roberts while engaged in an attempt to' rob him. The contention of counsel is based on the allegations of the indictment using the word “intent” instead of the word “attempt” to rob W. H.…