Agee v. State

Niblack, J

This was a prosecution for an assault, with the intent to commit murder.

The indictment charged, “ that John Agee, on the 18th day of December, A. D. 1877, at,” etc., “ did feloniously attempt to commit a violent injury upon the person of Devore O. Iiouchens, he, the said John A gee, having then and there a present ability to commit said injury, by then and there feloniously, purposely and with premeditated malice, shooting at and against the said Devore C. Iiouchens with a certain pistol, commonly called a revolver, then and there loaded with gunpowder and leaden balls, which the…