Circuit Court of the 14th Judicial Circuit of Florida, Bay County April 15, 1871 (People v. Murray)

By the Court,

Moore, J.

It is claimed by respondent’s counsel that the second count is bad, because it does not show the person the respondent intended to kill, and that the third count cannot be sustained because it alleges an assault upon one person with intent to kill another and different person.

I do not think the demurrer can he sustained as to the second count.