Burrell v. State

One of the reasons given by the majority to reverse this conviction is that the court allowed the deletion from the indictment the words “and with his malice aforethought” and apparently holds that these words are descriptive of the offense because they are explanatory. In doing so, the majority holds contrary to Ellard v. State, 507 S.W.2d 198 (Tex.Cr.App.1974). Ellard was convicted for an assault with intent to murder a peace officer. The indictment charged that the assault was made “with malice aforethought”. Although charged in the indictment, malice aforethought was not submitted to the…