Fowler v. State

ON MOTION FOR REHEARING

DICE, Judge.

In his motion for rehearing, appellant complains of our failure to pass upon his contention that the court erred in overruling his motion to quash the first count of the information on the ground that the allegations therein were insufficient to charge the offense.

The information contained two counts which charged that on or about the 11th day of May, 1959, the appellant did make an aggravated assault upon the female named therein.

Both counts were submitted to the jury and a general verdict of guilty was returned by the jury.

The first count, in charging that…