Jones v. State

HAWKINS, Judge.

— Conviction is for assault with intent to murder, punishment assessed being ten years in the penitentiary.

The indictment in two counts alleged that appellant made an assault upon Mrs. John Earl Jones with intent to murder her. There is no averment in either count that the assault was made with malice aforethought.

It is urged here that in the absence of such averment the jury was unauthorized to assess a greater punishment than three years; in other words, that the averments of the indictment do not support the judgment carrying the penalty assessed.

Art. 1160, P. C., as amended…