Wilson v. State

DAVIDSON, Judge.

Appellant was, upon her plea of guilty to the offense of an assault with a prohibited weapon, assessed a punishment of one. year in the penitentiary.

Appellant sought a new trial, claiming, among other things, that she entered the plea of guilty under a mistake of fact and also that the trial court failed to appoint counsel to prepare and present for her an application for suspended sentence, as required by Article 776, C. C. P.

It is not necessary to determine the questions presented, for we have concluded that the indictment is fatally defective.

The indictment charges that…