Hobbs v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for attempted capital murder. Punishment was assessed by the jury at twenty-eight years.

Appellant contends that the indictment was fatally defective. The indictment alleges in pertinent part:

“That Joyce Hobbs on or about the 25 day of July, A.D. 1975 . . .did then and there attempt knowingly to cause the death of James Leon Hobbs by promising remuneration, to-wit: promising to pay Virgil McCuller $100.00 to kill the said James Leon Hobbs by shooting him with a gun.”

If the charging instrument does not allege that an offense was…