Johnson v. State

on motion for rehearing.

HAWKINS, JUDGE

In a motion for rehearing the state calls attention to Jordan v. State, 255 S. W., 735 as a precedent for the form of indictment used in the present case. In Jordan’s case no attack was made on the indictment for a failure to allege that the assault was “wilfully” made; but was assailed• upon the sole ground that there was no sufficient averment that the instrument with which the assault was committed was being unlawfully carried. This point was decided against the contention, and only upon that issue would the case be controlling. The italicised portion…