Bartlett v. State
Court of Appeals of Texas
Appeal from the District Court of Falls. Tried below before the Hon. Eugene Williams. The conviction in this case yas for an assault with intent to murder one James H. Cluck, in Falls county, Texas, on the eighteenth day of September, 1883. A term of two years in the penitentiary was the penalty assessed against the appellant.
1Opinion of the Court
White, Presiding Judge.
As set forth in the indictment, the charge is (omitting formal allegations) that defendant “did then *501and there, wilfully, feloniously, and of his malice aforethought, make an assault in and upon the person of one James H. Cluck, then and there of his malice aforethought, him, the said Cluck, to then and there murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State.”
Opinion delivered June 9, 1886.
Manifestly the object of the pleader was to charge “ an assault with intent to murder,” but it is equally…
2Cited by3 opinions
- Hogan v. StateSupreme Court of Florida · 1900
- Price v. StateCourt of Criminal Appeals of Texas · 1975
- State v. ChildSupreme Court of Kansas · 1889