Johnson v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of assault with intent to murder, his punishment being assessed at two years confinement in the penitentiary.

He attacks the indictment upon the theory that it does not charge the offense of assault with intent to commit murder. Omitting formal parts and dates, the indictment alleges that appellant “did then and there unlawfully with his malice aforethought make and commit an assault in and upon Isabella Johnson," with the intent then and there to kill the said Isabella Johnson, against the peace and dignity of the State.”

Two grounds are urged:…