Crowley v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

Conviction is for assault with intent to murder, punishment assessed by the jury’s verdict, three years in the penitentiary. In applying the indeterminate sentence statute the trial court directed imprisonment in the penitentiary for not less than one year nor more than three years.

Omitting formal parts the indictment under which conviction was obtained alleged that appellant assaulted T. H. Bird “with the intent then and there to murder the said T. H. Bird.” There was no averment that the assault was committed with malice aforethought.

Art.…