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STATE v. RESTIVA
Opinions in this case
- Majority — Provosty
- Concurrence — Niell
- On rehearing — Land
PROVOSTY, J.
A demurrer was sustained below to the indictment reading that the accused “willfully and feloniously and with malaee aforethought did kill and murder,” etc. The defects consist in the omission of the word “his” before “malice” and in the use of the word “malaee” instead of “malice”; both fatal. Marr’s Crim. Juris, p. 55.
Judgment affirmed.
MONROE, C. J., concurs in decree for the reason that the word “malice” does not appear in the indictment.