State v. Malone

McMurray, Judge.

Defendant was indicted for murder. The indictment alleges the victim was killed while the defendant was in the commission of a felonious attack and assault upon the *198victim (commission of a felony). The felony was thereafter described as "aggravated assault with a deadly weapon.” General and special demurrers were filed and after a hearing same were granted, and the indictment ordered dismissed. The state appeals. Held:

1. The substance of the demurrers is that the state has charged essential elements of the crime of assault, that is, the assault both in the charge of murder and…