Griffith v. State

OPINION

MORRISON, Judge.

The offense is assault with intent to murder; the punishment, twenty years.

Appellant’s first ground of error is that the court erred in failing tO' sustain his motion in arrest of judgment because the indictment failed to allege that appellant did “then and there” and also that it failed to allege appellant acted with intent “to” then and there kill the injured party. We have examined the indictment and find it sufficient. McCoy v. State, 132 Tex.Cr. R. 45, 102 S.W.2d 206, cited by appellant relates to the court’s charge and not to the sufficiency of the indictment. His…