State v. Sims

Citations

• 80 Miss. 381

Syllabus

<p>1. Criminal Law. Assault with intent to 7dll. Deadly weapon. Indictment. Code 1892, § 1026.</p> <p>Whether any weapon be a deadly one is a question of fact to be determined by the jury from the evidence, and an indictment for assault with a deadly weapon with an intent to kill and murder, which charges that the weapon used was a deadly one, is not demui’rable because the weapon is not specifically mentioned among those which the statute, code 1892, § 1026, make it an offense to carry concealed.</p> <p>2. Same. Brick.</p> <p>An indictment, otherwise good, for an assault to kill “with a deadly weapon, to wit, a brick,” is not insufficient, because a brick was the weapon charged to have been used.</p> <p>3. Same. Manner of use.</p> <p>It is unnecessary in an indictment for an assault with intent to kill and murder with a deadly weapon to set out the manner in which the weapon was used, although it is not by name designated as deadly in any statute.</p>