State v. Roberts

*632The opinion of the court was delivered by

Smith, J.:

Appellant was convicted of an assault with intent to commit robbery. The section of the statute covering the case reads :

“Every person who shall be convicted of an assault with an intent to commit any robbery, rape, burglary, manslaughter, or other felony, the punishment for which assault is not hereinbefore prescribed, shall be punished by confinement and hard labor not exceeding five years, or by imprisonment in the county jail not less than six months.” (Gen. Stat. 1901, §2026.)

The information was attacked by a motion to quash, for the…