Welcome v. State

OPINION

ONION, Judge.

The offense is assault with intent to commit murder without malice, committed with a knife; the punishment, four years confinement in the Texas Department of Corrections. See Article 1160 Vernon’s Ann.P.C. 1961.

The question presented by this appeal is whether a conviction under the double penalty provisions of Article 1160, V.A. P.C., 1961, for the offense of assault with intent to murder without malice is sustainable under an indictment alleging only the offense of assault with intent to murder with malice and which does not allege the manner and the means.

Omitting the…