Ekern v. State

GRAVES, Judge.

Appellant was indicted for an assault with malice with intent to murder Clarence Arnold and was by the jury convicted of such an assault and assessed a term of three years in the penitentiary.

The charging part of the indictment reads as follows:

“* * * that Lincoln Ekern on or about the 17th day of October, A. D., one thousand nine hundred and forty-five and anterior to the presentment- of this indictment, in the County of Gray and State of Texas, did then and there unlawfully, with malice aforethought, shoot Clarence Arnold with a pistol, with the intent then and there to murder…