Erwin v. State

Jim Erwin was convicted of assault with intent to rob. His motion for a new trial being overruled, he excepted. The indictment charged the accused with the offense of assault with intent to rob, for that he “ did unlawfully and maliciously make an assault upon the person of Ed. Hightower, and by menaces in a forcible and violent manner demand money of the said Ed. Hightower, with intent to commit a robbery upon the person of said Ed. Hightower, contrary,” etc. Penal Code, § 99, is as follows : “ An assault with intent to rob is where any person shall, with any offensive or dangerous weapon or…