Forrest v. State

White, J,

Appellant was found guilty of an aggravated assault, and fined $100. Three grounds are set forth in the motion in arrest of judgment, all going to the sufficiency of the indictment. They are as follows, viz.;

“1. It is not averred in the indictment that the assault was made with the intent to injure.

“2. Because it is not averred in the indictment that the defendant attempted to commit a battery, or that he had any immediate intention to commit a battery, coupled with an ability.

“3. It is not averred that the gun was loaded.”

The substance of the charge in the indictment was that the…