State v. Harris

The court did not err in overruling the defendant’s motion to set aside the indictment. It does not charge therein two separate and distinct public offenses, one of maiming and the other of disfiguring, as is claimed by the counsel of defendant.

The statute under which the defendant was indicted (section 2678 of the Code,) provides that if any person maliciously kill, maim or disfigure any horse, cattle, &c. The countin the indictment charges that defendant did maliciously “ malm and disfigure,” &c. Where in a statute there are different grades of the same offense set forth, or degrees of the…