Moore v. State

MARTIN, Judge.

— Offense, burglary; penalty, -five years in the penitentiary.

The indictment herein is under attack. After charging the burglarious entry of a" private residence' by appellant, the'indictment continues, “with the intent then and there, while unlawfully carrying on or about his person a pistol, to unlawfully make an assault in and upon James Williams with said pistol,” etc. The felony which the pleader was attempting to charge that appellant intended to commit was that denounced by Art. 1151 of the Penal Code, which in part reads as follows:

“If any person shall wilfully commit an…