Jones v. State

The conviction is for an assault with a prohibited weapon; the punishment, two years in the penitentiary.

The testimony of the state shows that the appellant while un*582lawfully carrying a pistol wilfully made an assault with said pistol upon the alleged assaulted party.

The appellant did not testify or offer any evidence.

It is contended that the trial court erred in refusing appellant’s motion to quash the indictment on the ground that it is duplicitous because it charges in the same count the offense of assault with a prohibited weapon and burglary.

The indictment sufficiently charges the…