Clark v. State

WOODLEY, Judge.

Appellant was charged by indictment with assault with intent to murder with malice, the indictment alleging that on or about July 15, 1954, he did “voluntarily and with malice aforethought make an assault in and upon Hurn Mitchell.”

The jury rejected appellant’s defense of alibi and his plea for suspension of sentence; found him guilty of assault with intent to murder with malice and assessed his punishment at three years’ confinement in the penitentiary.

Appellant cites a number of murder cases in support of his contention that the indictment is fatally defective because it…