State v. Brinkley

LAND, Justice.

Defendants are jointly indicted under section 790 of the Revised Statutes of this state, amended by Act No. 24 of 1882. The indictment charges that defendants did “while the perpetration of a robbery, shoot and strike T. H. Taylor with a dangerous weapon, to-wit: a pistol, with intent to commit the crime of murder.”

The trial judge sustained a demurrer to indictment1 on the ground that it failed to • charge a crime under the laws of this state, and from this decision the state has appealed.

The decision of the lower court solely upon the case of State v. Brown, 21 La. Ann. 347.

In…