Martin v. State

Citations

• 40 Tex. 19

Syllabus

<p>1. An indictment charging that A. B. “did commit and assault,” otherwise good, is sufficient. Such use of the word “ and ” for an will not he noticed on general exceptions, either on motion to quash or in arrest of judgment.</p> <p>2. The omission of the word “aforethought” in an indictment for an assault with intent to murder is not fatal. The intent is sufficiently charged by the use of the words “with intent to murder.”</p> <p>3. In such indictment it is not necessary to state the instrument or means used.</p> <p>4. See this case as to rules of construction of the codes — of Procedure and Penal Code.</p> <p>5. The recitation in the record of an oath administered to the jury, different from that prescribed by statute in criminal cases, is error, and fatal on appeal.</p>