Williams v. State

Appellant was indicted on a charge of “attempted burglary.” The proof introduced by the state showed that the offense was completed. The principal instruction granted at the request of the State authorized the jury to convict “if they believed from the evidence beyond every reasonable doubt, that Sam Williams did wilfully, unlawfully, feloniously and burglariously break and enter, ’ ’ etc. The verdict was that the defendant was guilty as charged. In the judgment the offense is described as attempted robbery.

Section 794, Code 1930, provides that “a person shall not be convicted of an assault…