Bell v. State

The appellant was indicted for murder, and convicted and sentenced for an assault with intent to kill and murder. The indictment is in the form prescribed by, section 1431, Code 1906 (section 1248, Hemingway’s 1927 Code), and alleges that the appellant “did feloniously, willfully, and of his malice aforethought, kill and murder the deceased.” The verdict of the jury was pursuant to an instruction which authorized them to convict the defendant of assault with intent to kill and murder. A motion by the appellant in arrest of -judgment was overruled. An assault and battery with intent to kill…