Small v. State

MORROW, Presiding Judge.

Assault with intent to murder is the offense; penalty, confinement in the penitentiary for a period of twelve years.

The evidence which was before the trial court is not brought up for review.

In the indictment the following words are found:

“* * * do present that Jeff Small on the 1st day of January, A. D., 1930, in said county and State, will malice aforethought, in and upon Rufus Bashful, did make an assault with the intent then and there to kill the said Rufus Bashful.”

Appellant’s counsel points to the fact that proof of malice aforethought is essential to warrant a…