Peter v. State

Decided December 15, 1844

Tennessee Supreme Court · decided 1844-12-15

Peter was indicted on the 19th day of November, 1844, in the Circuit Court of Williamson, for an attempt to commit an assault on Minerva… Held: no variance. In all these cases the averments were in some degree descriptive of the offence; yet they were rejected as immaterial, and not necessary to be inserted in the indictment, or if inserted and disproved, yet ruled no variance. ~ In the case now on hand, the averment of the ownership of the defendant does not touch the…

Decided 1844-12-15

Per Curiam.

¶1There is no validity in the legal objections raised by the counsel for plaintiff in error.

¶2The verdict and judgment must, however, be set aside, as the record does not satisfy our minds as to the character of the acts committed or intended by the prisoner.

¶3Judgment reversed.