Small v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

We have said in many cases that it was sufficient to charge the offense of assault with intent to murder, to say in the indictment that A did then and there make an assault upon B with intent to murder him; also it is held that it is sufficient to charge that A did, with malice aforethought, make an assault on B with intent to kill B.

Attention is called in appellant’s motion for rehearing herein to the fact that while apparently the offense of assault to murder in this case was intended to be charged in accordance with the second form above referred…