where an indictment for murder was sufficient to charge manslaughter, for which the defendant was convicted, its failure to sufficiently charge murder was not material
How later courts described this case
- where an indictment for murder was sufficient to charge manslaughter, for which the defendant was convicted, its failure to sufficiently charge murder was not material
- improperly pleaded murder charge does not require reversal of conviction for lesser included offense.of manslaughter where indictment properly alleged manslaughter
Written by the judges who cited it.
The opinion
Per Curiam.
1.
This is a motion to affirm a judgment, on the ground of the failure of the appellant to file a brief within the time limited by the rules of this court.
This cause was submitted at Pendleton; May 6, 1909, and transmitted to Salem for argument. The submission necessitates a casual examination, at least, of the errors assigned.
The briefs on the part of both parties háve been filed, and, as the order of submission takes the case out of the operation of our rules, the motion should be denied, and it is so ordered. Motion Denied.