Stinson v. State

DAVIDSON, Judge.

Appellant was convicted of assault to murder, his punishment being assessed at ten years confinement in the penitentiary.

There was a motion made to quash the indictment on the ground that it did not charge "intent” to murder. In this respect the indictment copied in the record reads as follows: "did then and there unlawfully with malice aforethought make an assault in and upon Lela Stinson with the intent then and there to murder the said Lela Stinson against the peace and dignity of the State.” The motion to quash is based upon the statement in the motion that the word…