Evans v. State

PRENDERGAST, Judge.

—The appellant was convicted for an attempt to rob D. O’Leary on June 26, 1911, and his penalty fixed at ten years in the penitentiary.

There is neither a statement of facts nor bill of exceptions in the record. There is but one question raised upon which we can pass.

The indictment is in three counts; first, charging an assault with intent to kill; second, for an attempt to rob. This second count, after the formal part, is that said appellant "did then and there unlawfully make an assault in and upon D. O’Leary and by said assault and by violence to the said D. O’Leary and…