Bivens v. State

OPINION

O’BRIEN, Judge.

Appellant, Ivan Bivens, hereinafter referred to as defendant, was indicted for assault with intent to commit murder (TCA Sec. 39-604), and convicted of attempt to commit voluntary manslaughter in the Criminal Court for Monroe County, with a jury verdict of 3 years, upon which the trial court fixed sentence of not less than 1 nor more than 3 years in the State Penitentiary. Motion for new trial was heard and overruled, upon which appeal was effected to this court and 2 assignments of error made.

The 1st assignment challenges the sufficiency of the indictment upon the…