Collins v. State

Krueger, Judge.

The offense is an assault with intent to murder; the punishment assessed is confinement in the state penitentiary for a term of five years.

The indictment, omitting the formal parts, reads as follows: “ * * * That Ernest Collins, on or about the 22nd day of October, A. D. 1938, * * in the County of Fayette and State of Texas, did then and there unlawfully in and upon Ernest Young, Jr., make an assault with the intent then and there to murder the said Ernest Young, Jr., against the peace and dignity of the State.”

At the trial of the case, appellant waived a jury with the consent…