Gordon v. State

Citations

• 23 Tex. Ct. App. 219
• 4 S.W. 883
• 1887 Tex. Crim. App. LEXIS 55

Syllabus

<p>Indictment for Assault with Intent to Murder charged that the accused “did then and there make an assault upon Frank Stoker, with the intent to murder him, the said Frank Stoker.” This was excepted to on the ground that it charges a conclusion of law, and not the facts constituting the offense. ‘Held, by a majority of the court, that the indictment was sufficient, and the exception properly overruled. Note the animadversion of Hurt, J., upon the ruling, and upon the precedents and reasoning on which it is maintained.</p>