
    No. 8485.
    The State of Louisiana vs. George Cognovitch.
    An information for assault by wilfully shooting, under Sec. 792, R. S., neednot allege that the shooting was done with a dangerous weapon.
    APPEAL from the Criminal District Court for tlie Parish of Orleans. Lnsenberg, J,
    J. 0. Egan, Attorney General, for -the State, Appellee:
    1. An assignment of errors in ciiminal, as in civil cases, must he written and filed within ten days after the filing of the record, in accordance with Article 897, 0. P.; 12 A. 862.
    2. An information for an assault hy wilfully shooting at, drawn under Article 792, B. S., need not allege that the shooting was done with a dangerous weapon.
    A. -D. HmEiqms and IF. L, Evans, for Defendant and Appellant:
    Section 792, B. S., was enacted for the purpose of suppressing the use of dangerous weapons in cases of assault.
    To bring a case within the meaning of Sec. 792, B. S., the information must contain an allegation that the assault by shooting was done with a dangerous weapon. 27 Conn. 310: Bishop on Stat. Cr., Secs. 230, 231, 232, 235.
   The opinion of the Court was delivered by

Fenner, J.

Defendant was prosecuted for the statutory offense of assaulting another by wilfully shooting at him, under Section 792, R. S. It is assigned as error that the charge should have embraced the words, with a dangerous weapon.”

The information follows the exact terms of the statute, adding the word-44 feloniously ” as a prefix to assault.

We think this is sufficient and that it conveys the offense with which the prisoner is charged.

The common sense of prosecuting officers, judges and juries may be relied on to protect persons from imprisonment in the penitentiary for shooting with pop-guns, or like innocent playthings.

Judgment affirmed.  