Bittle v. State

Eowi.er, J., delivered the opinion of the Court. This is a writ of error to the Circuit Court for Carroll County. The plaintiff in error was indicted in the Court below. He demurred to the indictment, which contains three counts.

The demurrer was sustained as to the first and third counts, and overruled as to the second, on which he was tried before the Court without the aid ⁵²⁸ of a jury, convicted and sentenced to th'e penitentiary for four years. The errors alleged are, First, because it was decided that the second count sufficiently alleged a criminal offence against the laws of this State; and, Second, because it was held that said count sufficiently alleges an attempt to murder by poison. It seems to us too clear for controversy that the Court below was entirely correct. The count in question is as follows, and charges that the plaintiff in error “did attempt to commit an offence prohibited by law, to wit, did attempt to poison one Ida S. Angel, then and there being, and in such attempt did then and there do a certain overt act towards the commission of said offence, to wit, did then and there furnish, supply, and deliver, knowingly and wilfully, to the said Ida S. Angel, one pill, containing a large quanity of a certain deadly poison called