Peats v. State

Appellant was charged with murder in an indictment returned by a grand jury of Marion County, and was tried and convicted of voluntary manslaughter.

The indictment charged appellant and three others with inflicting a violent injury upon John Marshall Penny in Hendricks County, Indiana, by throwing and striking at and against the body of Penny with a heavy missile, the exact kind and nature of which was unknown to the grand jurors, with the intent to unlaw fully, feloniously, purposely, and with premeditated malice, kill and murder him; that they did thereby inflict a mortal wound upon him, of…