Buie v. State

The indictment in this case was found under the law relative to threats to take the life of, or to inflict serious bodily injury upon, any human being. Pase. Dig., Arts. 6585, 6586. These two Articles are to be taken together in arriving at a correct definition of the offense. •“The statute in this case presents two distinct facts, which, ■concurring, constitute the offense, one of which is the act of threatening to take life, and the other is the then existing serious intention entertained to execute it.” McFain v. The State, 41 Texas, 385. Failing to allege affirmatively these two…