Jones v. State

Citations

• 21 Tex. Ct. App. 349
• 17 S.W. 424
• 1886 Tex. Crim. App. LEXIS 150

Syllabus

<p>1. Assault to Murder—Indictment.—If an indictment omits a material word, although it be but a preposition or a helping verb, the court will not, from a knowledge of the language, supply the missing word so as to supply the probable intention of the grand jury. The charging part of the indictment in this case reads as follows: * * * * “Adam Carpenter and R. Jones, on the tenth day of May, 1884, did then and there unlawfully, and with malice aforethought, make an assault in, and upon the person of John Long, with intent him the said Long then and there kill and murder,” etc. Held, that the omission of the preposition “to” before the words “ kill and murder ” was fatal to the sufficiency of the indictment.</p> <p>2. Same—Indictment sufficient to charge an assault with intent to murder will support a conviction for an aggravated or a simple assault.</p>