Roberson v. State

The first three counts of the indictment charge an assault with intent to murder, and the remaining ten counts charge that the defendant unlawfully and with malice aforethought did .attempt to kill the persons therein named. Section 3303, Code 1923. The Court of Appeals correctly ruled the counts of the indictment not subject to any assignment of demurrer interposed thereto.' There is a .distinction between an assault with intent to murder and an attempt to commit murder by means not amounting to an assault. iSee Lewis v. State, 35 Ala. 380; Johnson v. State, 1 Ala. App. 102, 55 So. 321;…