Babb v. State

WOODLEY, Judge.

The offense is maiming; the punishment, 5 years.

*46The indictment alleged that appellant wilfully and maliciously deprived B. A. Jones of an eye by cutting into said eye with a handcuff.

Appellant moved to quash the indictment upon the ground that it did not allege which eye Jones was deprived of.

The overruling of this motion to quash the indictment is urged as the first ground upon which reversal is sought.

We are not impressed with the contention that it was essential, in order to put appellant upon notice and enable him to plead the judgment thereon in bar of a subsequent…