Williams v. State

DAVIDSON, Presiding Judge.

The indictment contains three counts. The first charging assault with intent to rape; the other two charging a night-time burglary with different intents. The conviction was had under the third which charged a burglary with intent to commit the crime of theft, the punishment being assessed at twelve years in the penitentiary.

1. Appellant moved to quash the first count in the indictment because of what was thought to be a fatal omission in the allegations. The county attorney, as he commenced his opening address to the jury, stated in substance that he had concluded…