Carder v. State
| Decision Date | 07 December 1861 |
| Citation | 17 Ind. 307 |
| Parties | Carder v. The State |
| Court | Indiana Supreme Court |
APPEAL from the Tippecanoe Circuit Court.
The judgment is affirmed, with costs.
W. C. Wilson, for the appellant.
John L. Miller, for the State.
This was a prosecution for an assault and battery with intent to murder. The indictment charges "that Albert Carder, on, &c., at, &c., did then and there unlawfully and feloniously, in a rude, insolent and angry manner, touch and strike one Harvey S. Dale, with intent then and there unlawfully and feloniously, and with premeditated malice, to kill and murder the said Harvey S. Dale, by shooting him in the back with a gun loaded with powder and shot, which gun the said Albert Carder then held in his hands," &c.
Defendant moved to quash the indictment; but the motion was overruled, and he excepted. Plea, not guilty. The issues were submitted to the Court, who found the defendant guilty, &c., and having refused a new trial, rendered judgment upon the finding. The indictment is said to be defective, because in charging the offense it omits the word "purposely." We think otherwise. The code says: "Words used in the statute to define a public offense need not be strictly pursued; but other words conveying the same meaning may be used." 2 R. S., § 59, p. 368. The word "purposely" is used in the statutory definition of murder; but it seems to us, that its meaning is fully expressed in this indictment by the words "with intent." And moreover the word "feloniously," in the connection in which it is used in the pleading, seems to be identical in its import with the word "purposely." We perceive no reason why the former word may not, in this instance, be held equivalent to the latter. The motion to quash was not well taken.
Again, it is said that the indictment was not properly returned into Court. There is no ground for this objection, because the record shows, affirmatively, that the indictment was found by the grand jury, indorsed by their foreman as "a true bill," and returned by them into open court.
The evidence is upon the record. We have examined it carefully, and are of opinion that it sustains the finding of the Court.
The judgment is affirmed, with costs.
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Parker v. State
...killed and murdered the deceased amounted to an averment that the offense was purposely committed, with criminal intent. Carder v. State, 17 Ind. 307;Hamilton v. State, 142 Ind. 276, 277, 41 N. E. 588. And these averments, together with the charge that at the same time and place defendants ......
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...stronger than the statute, for it charges that the carrying away was felonious. The word “felonious” is one of great power. Carder v. State, 17 Ind. 307;Weinzorpflin v. State, 7 Blackf. 186. Taken in connection with the other words of the indictment, it charges that the act of the appellee ......
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... ... such a degree of certainty that judgment could be pronounced ... according to the right of the case. The charge that ... defendants "feloniously" killed and murdered the ... deceased amounted to an averment that the offense was ... purposely committed, with criminal intent. Carder v ... State [196 Ind. 537] (1861), 17 Ind. 307; ... Hamilton v. State (1895), 142 Ind. 276, ... 277, 41 N.E. 588. And these averments, together with the ... charge that, at the same time and place, defendants attempted ... to rob Esthan of money belonging to the Sho-Me-Oil Company ... and ... ...
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State v. Bush
...extensive criminal meaning. The act complained of could not have been feloniously, and not unlawfully, done." In the case of Carder v. The State, 17 Ind. 307, it is -- "That the word 'feloniously' in this connection in which it was used in the indictment was identical in its import with the......