Ekern v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

Appellant’s motion for rehearing was filed in this court on January 18, 1947, which was within fifteen days after the opinion of affirmance was handed down on January 8.

The first complaint urged is that this court erred in holding the indictment sufficient to charge the offense of assault with intent to murder because the word “assault” does not appear in the indictment. Appellant seems to think the omission renders the indictment bad as to “form.” It occurs to us that if the word was necessary its omission was a matter of substance. The…