Saldivar v. State

KRUEGER, Judge.

The conviction is for the offense of assault with a prohibited weapon. The punishment assessed is confinement in the state penitentiary for a period of two years.

The indictment in this case contains two counts. In the first it is charged, omitting the formal parts, that “Martin Saldivar, on or about the 15th day of December, A. D., 1944, in said County and State, with malice aforethought, in and upon Domingo Garcia, did make an assault, with the intent then and there to kill the said Domingo Garcia.” In the second count it is charged that the said Martin Saldivar “on or about…