Eldridge

The defendant, under an information charging him with murder, was convicted of manslaughter. Prom the judgment and an order denying a new trial he appeals.

Appellant contends that the information under which he was tried was uncertain as to the offense charged. This information charged the unlawful murdering and killing of a human being, to wit: “The infant, unnamed female child of said Glover H. Bldridge and Mabel Bldridge, wife of said Glover H. Bldridge, the said infant child being the child born to the said Glover H. Bldridge and said Mabel Bldridge on or about said twentieth day of February, 1905.” And it is insisted- that such charge might include the killing before birth, and therefore it cannot be determined from the information whether murder or abortion was intended to be charged. The only reasonable construction which can be given to the language employed in the information is to say that it charges that a child bom to the defendant was by him unlawfully killed and murdered. That it was born is clearly stated; that it could be killed after birth of necessity implies that it was bom alive, and we think the charge of murder was set forth with the degree of certainty…