Crown v. State

KRUEGER, Judge.

The conviction is for the offense of an assault to murder with malice. The punishment assessed is confinement in the State penitentiary for a term of five years.

It is charged in the indictment, omitting the formal parts, that on or about the 13th day of May, 1941, and “interior” to the presentment of the indictment, in the county and State aforesaid, Casey Crown did, then and there unlawfully in and upon Julian Mendias, make an assault with the intent then and there to murder the said Julian Mendias.

The court, in his charge to the jury, instructed them that if they believed'…