New York Supreme Court January 15, 1875 (Lenahan v. People)

Davis P. J.

The plaintiff in error was convicted on the third count of the indictment. It is claimed that the conviction cannot be sustained, because that count contains no averment that the assault was “ with a deadly weapon.” The count charges that the prisoner feloniously made an assault upon one Horace Galpen; “and him, the said Horace' Galpen, with a certain piece of lead which the.