Allen v. State

LATTIMORE, Judge.

Conviction for assault to murder; punishment, five years in the penitentiary.

Appellant moved to quash the indictment herein on the ground that the single count therein was duplicitous. He correctly states in his brief that duplicity is the joinder of two> or more distinct offenses in one count.

The indictment in this case charged in proper form an assault by appellant with intent to murder Edna Hiner by shooting her with a gun; but the single count in said indictment concluded with the following statement: “The said Hillis Allen, at the time he then and there so shot the said…