Friday v. State

A sufficient appeal bond having been filed, the appeal is reinstated and the cause considered on its merits.

It is alleged in the indictment that appellant "did then and there unlawfully in and upon J. G. White make an assault with the intent then and there to murder the said J. G. White." Appellant moved to quash the indictment on the ground that it was fatally defective in failing to allege that the assault was "made with malice aforethought." The motion was properly overruled. The offense of assault with intent to murder is defined in article 1160, Penal Code, as follows:

"If any person…