
    Parker v. The State.
    Atkinson, J. — 1. An indictment for assault with intent to murder, which charges that the accused with a pistol, the same being a weapon likely to produce death, assaulted a named person and did then and there shoot and wound that person with the intent to kill and murder him, avers by necessary implication that the pistol was in fact loaded, and the omission to state in terms that it was loaded is not indispensable to the sufficiency of the indictment. Consequently, there was no error in overruling a demurrer to the indictment, on the ground that it did not allege that the pistol was “ loaded with powder and leaden balls”; nor in overruling a motion in arrest of judgment, based upon the same ground.
    2. Upon the trial of an indictment for assault with intent to murder, alleged to have been committed by shooting another with a pistol, a verdict finding the accused “ guilty of shooting another ” is not void for uncertainty. Its reasonable intendment and meaning is, that the accused was guilty of the offense of shooting at another, not in his own defense nor under other circumstances of justification.
    February 5, 1895.
    Indictment for assault to murder. Before Judge Fish. Sumter superior court. November term, 1894.
   Judgment affirmed.

L. J. Blalock and W. P. Wallis, for plaintiff in error. J. M. DuPree, solicitor-general, by Pelder & Davis, contra.  