Hardrick v. State

KRUEGER, Judge.

The conviction is for the offense of assault with intent to murder. The punishment assessed is confinement in the State penitentiary for a term of four years.

Appellant brings forward a number of complaints which he claims show that reversible error was committed by the trial court.

The first complaint presented by appellant is that the court erred in declining to instruct a verdict of not guilty at the conclusion of the evidenec on the ground of variance between the allegations in the indictment and the proof. We believe there is some merit in the appellant’s contention.

Omitting…