Craig v. State

The appellant was charged upon indictment with the crime of robbery. He was tried by a jury and found guilty. Judgment was rendered on the verdict. A *575reversal of the judgment is sought upon the grounds that the court erred in overruling the motions to quash the indictment, and for a new trial.

The first objection urged against the sufficiency of the indictment is, that while it alleges that the defendant “on, etc., at, etc., made an assault upon one Joseph Metz,” etc., it fails to show that the defendant had “the present ability to commit a violent injury” on the person of the prosecuting…