Jones v. State

On Motion for Rehearing

MORRISON, Judge

It is again urged that the indictment is duplicitous in that it *583also charged burglary. An examination of Article 1393, V.A.P.C., will reveal that in order to charge the offense denounced by said article it is necessary to allege that the firearm was discharged into the house with the intent to injure a person therein situated. This essential allegation does not apear in the indictment before us, and it therefore does not charge burglary.

As to appellant’s contention that the jury should have been charged on the law of aggravated and simple assault, we call…