Yelton v. State

HABPEB, JcrDGE.

—Appellant was indicted, charged with an aggra vatecl assault, the indictment reading: “On or about December 1, 1913, Ed Telton did unlawfully with a poclcetlcnife, the same being then and there a deadly weapon, commit an aggravated assault in and upon J. M. Clark.”

Appellant contends that this indictment does not embrace a charge of simple assault, and the court erred in submitting that issue, and the verdict can not be sustained, because the indictment does not charge that the assault was made with “intent to injure.” It is not necessary to allege in the indictment or…