Slusher v. Commonwealth

In Slusher v. Commonwealth, 196 Va. 440, 83 S.E.2d 719 (1954), the indictment alleged that the accused did "'attempt to maliciously, unlawfully and feloniously assault, cut and wound . . . with the intent to maim, disfigure, disable or kill.'" Id. at 446, 83 S.E.2d at 722. When the accused objected during trial to this disjunctive drafting, the Court applied former Code 19-151 to uphold the trial court's actions in amending the indictment to charge in the conjunctive, rearraigning the accused, and allowing him to enter a new plea. See 196 Va. at 446, 83 S.E.2d at 722. In Slusher, the grand jury found probable cause to believe appellant committed the charged criminal act with at least one of four enumerated criminal intents.