111 Miss. 773
Decided March 15, 1916
Mississippi Supreme Court · decided 1916-03-15
Hon. Claude Clayton, Judge. , John H. Lee and John T. Lee were indicted for assault. Prom an order sustaining a demurrer to the indictment, the state appeals.
Cited by 2 later decisions — most recently February 1984
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1916-03-15
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¶1delivered the opinion of the court.
¶2It is clear the indictment charges each of the defendants-with having cut Tates, “with the felonious intent then and there him, the said Jim Tates, to unlawfully, willfully, feloniously, and of his malice aforethought kill and murder,” and, although the language used is ungrammatical, the indictment nevertheless is valid.
¶3Reversed and remanded.