Allen v. State

BEAUCHAMP, Judge.

The appeal is from a conviction for assault to murder in which the habitual criminal statute was invoked and the penalty assessed was life in the penitentiary.

It will not be necessary to discuss the facts of the case. A motion to quash the indictment was timely filed and we think it should have been sustained as to the second and third paragraphs. The first paragraph correctly charges the offense of assault to murder.

The second and third paragraphs contain allegations of former convictions in other counties of Texas, dated July twenty-first, 1941, and December twelfth, 1933.…