Howard v. State

The defendant was indicted and convicted for the attempted murder of Jeffie "Dink" Smith. Alabama Code 1975, Sections13A-4-2 and 13A-6-2. Sentence was ten years' imprisonment.

I

The indictment charged that the defendant "did with the intent to commit the crime of murder . . . upon the person of Jeffie `Dink' Smith, attempt to commit said offense." Because the indictment omitted to state the means with which the attempted murder was committed, it was defective and subject to demurrer. "The means with which the offense charged was committed, however, is not, in an indictment for murder, a…