Smart v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the state penitentiary for life.

The indictment in this case embraced four -counts, but the court submitted it to the jury- only on the second count, which charged that on or about the 8th day of May, 1940, in the County of Dallam and State of Texas, Charles Smart did then and there unlawfully, voluntarily and with malice aforethought kill Richard Jones by cutting him with a sharp instrument, a further description thereof being unknown to the grand jurors, etc.

Appellant made a motion to quash the indictment. The…