Phillips v. State

CARR, Presiding Judge.

The indictment in this case charges that the appellant, Wallace Phillips, did conspire together with three other named persons to commit an assault with intent to rob. Title 14, § 99, Code 1940.

The jury found the appellant guilty of an assault and assessed a fine of $500. The trial judge added six months hard labor. Judgment was entered and sentence imposed accordingly.

The only question for our review is whether or not the offense of assault is included in the indicated indictment.

Title 15, § 323, Code 1940, provides:

“When the indictment charges an offense of which there…