Murder in the first degree. day of 5. By administering poison mixed with water intended for medicine. That A. B., on the day of in the year at said county, devising and intending one C. D. feloniously and purposely to kill and murder by administering poison, a certain quantity of arsenic, to-wit, two drachms of arsenic, being a deadly poison, feloniously and purposely did put, infuse, mix, and mingle in and together with water, he, the said A. B., then and there well knowing the said arsenic to be a deadly poison; and that the said A. B. the said arsenic so as aforesaid put, infused in, and mixed and mingled in and together with the said water, into a certain glass phial, did put and pour; and the said glass phial, with the said arsenic put, infused in, and mixed and mingled in and together with water as aforesaid contained therein, then and there, to-wit, on the in the year aforesaid, feloniously and purposely, in the lodging-room of the said C. D., did put and place, in the place and stead of a certain salutary medicine, then lately before prescribed and made up for the said C. D., and to be taken by him, the said C. D., he, the said A. B., then and there feloniously and purposely intending that the said C. D. should drink and swallow down into his body the said arsenic put, infused, mixed, and mingled in and together with water as aforesaid, contained in the said glass phial, by mistaking the same as and for· the said salutary medicine, so prescribed and made up for the said C. D., and to be by him, the said C. D., taken as aforesaid. And the jurors aforesaid, upon their oath aforesaid, do further present that the said C. D., not knowing the said arsenic, put, infused in, and mixed together with water as aforesaid, contained in the said glass phial, so put and placed by the said A. B., in the lodging-room of the said C. D. in the place and stead of the said salutary medicine, then lately before prescribed and made up for the said C. D. to be taken by him, the said C. D., in manner aforesaid, to be a deadly poison, but believing the same to be the true and real medicine then lately before prescribed and made up for, and to be taken by, him, the said C. D., afterward, to-wit, on the day of in the year aforesaid, at the county aforesaid, the said arsenic so as aforesaid put, infused in, and mixed together with water by the said A. B., as aforesaid contained in the said glass phial so put and placed by the said A. B. in the lodging-room of him, the said C. D., in place and stead of the said medicine, then lately before prescribed and made up for the said C. D., he, the said C. D., did take, drink, and swallow down into his body; by means of which said taking, Murder in the first degree. drinking, and swallowing down into the body of him, the said C. D., of the said arsenic so as aforesaid put, infused in, and mixed together with water by the said A. B. as aforesaid, he, the said C. D., then and there became sick and distempered in his body, of which sickness and distemper of body, occasioned by the said taking, drinking, and swallowing down into the body of him, the said C. D., and of the said arsenic, so as aforesaid put, infused in, and mixed together with water by the said A. B., as aforesaid, he, the said C. D., on the said day of in the year aforesaid, at the county aforesaid, died. And so the jurors aforesaid, upon their oath aforesaid, do say that the said A. B. him, the said C. D., in manner and form aforesaid, feloniously and purposely did, by administering poison, unlawfully kill and murder. 1 Whart. Crim. Pr. 133. in the year 6. In the perpetration of rape. That A. B., on the day at said county, purposely and feloniously unlawfully killed and murdered one C. D., a woman, in the perpetration of rape, by then and there forcibly, feloniously, and purposely making an assault in and upon her, the said C. D., and then and there forcibly, feloniously, and purposely, and against her will, unlawfully ravishing and carnally knowing the said C. D., from the effects and results of which the said C. D. then and there died. at said 7. In the attempt to perpetrate a rape. That A. B., on the day of in the year county, purposely and feloniously killed and murdered one C. D., a woman, in the attempt to perpetrate a rape, by then and there forcibly, feloniously, and purposely making an assault in and upon her, the said C. D., and then and there forcibly, feloniously, and purposely unlawfully touching, striking, choking, beating, and mortally wounding the said C. D., in a rude, insolent, and angry manner, with intent then and there and thereby, her, the said C. D., purposely, forcibly, and feloniously, and against her will, to ravish and carnally know, of which said choking, striking, beating, and mortally wounding, so as aforesaid done by the said A. B., she, the said C. D., then and there died. 8. In the perpetration of robbery. at said That A. B., on the day of -, in the year -county, feloniously and purposely unlawfully killed and murdered Murder in the first degree. one C. D., in the perpetration of robbery, by then and there forcibly, purposely, and feloniously making an assault upon him, the said C. D., and then and there feloniously and purposely striking, beating, and mortally wounding the said C. D., with a large piece of iron, which piece of iron the said A. B. then and there had and held in his hands, and then and there forcibly, feloniously, and by putting him to fear, taking from the said C. D. one gold watch, of the value of one hundred dollars, of the personal goods and chattels of said C. D., from the effects and results of which striking, beating, and mortally wounding, so as aforesaid done by said A. B., with the piece of iron aforesaid, he, the said C. D., then and there died. 9. In the perpetration of burglary. in the year That A. B., on the day of at said county, in the night time, did feloniously and burglariously break and enter into the mansion house of C. D., there situate, with intent, the goods and chattels of the said C. D., then and there being, feloniously and burglariously to steal, take, and carry away; and that the said C. D., in the mansion house then and there being, before, at, and during the said breaking and entering, then and there attempted to arrest and stop the said A. B., in the further perpetration of the said burglary, and the said A. B., in order to keep from being then and there arrested and stopped from the further perpetration of the said burglary, and in order to then and there continue in and consummate the perpetration thereof, did then and there feloniously and purposely make an assault upon him, the said C. D., and did then and there feloniously and purposely, in and during the perpetration of said burglary, unlawfully kill and murder said C. D., by then and there purposely and feloniously striking, beating, and mortally wounding the said C. D., with a certain club, which club the said A. B. then and there had and held in his hands. 10. In the perpetration of arson. That A. B., on the day of, in the year at said county, feloniously, willfully, and maliciously set fire to a dwellinghouse of C. D., there situate, of the value of five hundred dollars, and then and there and thereby, feloniously, willfully and maliciously burned and destroyed the said dwelling-house, to the damage of said C. D., five hundred dollars; and that one E. F., in the said dwellinghouse, then and there being, before, at, and during the said burn Murder in the first degree. ing, was then and there, by reason and means of said burning, so committed and done by the said A. B., in manner and form aforesaid, by him, the said A. B., mortally burned, killed, and murdered. And so the jurors aforesaid, upon their oath aforesaid, do say that the said A. B., him, the said E. F., in manner and form aforesaid, feloniously and purposely, in the perpetration of arson, did kill and murder. 11. Killing antagonist in duel. SEC. 3. If either party to a duel be killed, the survivor shall be deemed guilty of murder in the first degree, and shall suffer death. 2 R. S. 425. CHARGE. day of in the year That A. B., on the at said county, did unlawfully and voluntarily engage in and fight a duel, with one C. D., then and there being, with deadly weapons, towit: pistols, then and there loaded with gunpowder and leaden bullets, and that while then and there so engaged in and fighting said duel, the said A. B., then and there, feloniously and purposely, unlawfully killed and murdered the said C. D., his antagonist in the said duel, by then and there, feloniously and purposely, unlawfully shooting and mortally wounding the said C. D., with a certain pistol then and there as aforesaid had and held by the said A. B. in his hands, and by him then and there shot off and discharged, at, against, to, and upon the said C. D., and which pistol. was, as aforesaid, then and there loaded with gunpowder and a leaden bullet; and that the said A. B. is the survivor of the said duel. 12. Killing antagonist in duel without the state. SEC. 5. If any person shall, by previous appointment, made within, fight a duel without the state, and in so doing shall inflict a mortal wound upon any person, whereof the person so injured shall die within this state, such person so offending shall be deemed guilty of murder in the first degree in the county where such death shall happen, and shall suffer death or be imprisoned in the state prison for life. 2 R. S. 426. Murder in the first degree. county of Warrick, in said state, did unlawfully and voluntarily make an appointment to fight a duel with one C. D., in the county of Daviess, and State of Kentucky; and that afterward, to-wit, on the day of, in the year at said county of Daviess, in the said State of Kentucky, the said A. B. did, in pursuance of said previous appointment. engage in and fight a duel with said C. D., then and there being, with deadly weapons, to wit, pistols then and there loaded with gunpowder and leaden bullets, and that while then and there so engaged in and fighting said duel, the said A. B. then and there feloniously and purposely, unlawfully inflicted a mortal wound upon the person of the said C. D., with a certain pistol, then and there loaded as aforesaid with gunpowder and a leaden bullet, which pistol he, the said A. B., then and there had and held in his hands and shot off and discharged at, upon, to, and against the said C. D., of which said mortal wound the said C. D., from the said day of to the in the year aforesaid, in the county of Spencer and State of Indiana, did suffer and languish; on which said day of -, in the year aforesaid, at said county of Spencer, he, the said C. D., of the said mortal wound did die. And so the jurors aforesaid, upon their oath aforesaid, do say that the said A. B., him, the said C. D., in manner and form aforesaid, then and there feloniously and purposely did kill and murder. FORM AND CONTENTS. day of Malice. In indictments for murder in the perpetration of arson, rape, burglary, in the administration of poison, in fighting a duel, etc., the words "premeditated malice" need not be used. 54 Ind. 128. But to use them does no harm. 53 Ind. 408. Malice was necessary, under the R. S. of 1843, to constitute murder, either in first or second degree; in first degree being accompanied with, and, in second, without premeditation. Hence to say that the killing was done "feloniously, willfully, and of his malice aforethought" was but a charge of murder in the second degree. 5 Ind. 400. See 6-Blackf. 299. The particular part of the person wounded is not necessary to be set out in the indictment under the code. 35 Ind. 122. See 7 Black f. 20. Depth of wound.-The indictment need not state the depth or breadth of the wound. 7 Blackf. 20; 11 Ind. 557; 9 Ind. 408. It must contain the technical word, "murdered" or "murder," according to the tense, or it will be but an indictment for man |