GRIFFITH v. STATE

No. 41397.

430 S.W.2d 197 (1968)

Albert K. GRIFFITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 10, 1968.


Attorney(s) appearing for the Case

D. C. Gandy, Fort Worth (Court Appointed), for appellant.

Frank Coffey, Dist. Atty., Rufus J. Adcock, Wayne E. Roberts and Truman Power, Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is assault with intent to murder; the punishment, twenty years.

Appellant's first ground of error is that the court erred in failing to sustain his motion in arrest of judgment because the indictment failed to allege that appellant did "then and there" and also that it failed to allege appellant acted with intent "to" then and there kill the injured party. We have examined the indictment and find it sufficient...

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