Weathersby v. State

CHRISTIAN, Judge.

The offense is assault with intent to murder; the punishment, confinement in the penitentiary for three years.

Art. 1160, P. C., as amended, reads, in part, as follows: “If any person shall . assault another with intent to murder, he shall be confined in the penitentiary not less than two nor more than fiftteen years; provided that if the jury find that the assault was committed without malice, the penalty assessed shall not be not less than one nor more than three years confinement in the penitentiary; * *

Omitting the formal parts, the indictment reads as follows: “John…