OPINION
ROBERTS, Judge.
This is an appeal from a conviction for assault with intent to commit murder with malice. The jury assessed the punishment at 10 years and recommended probation, which the court granted.
The indictment alleged that on or about March 29, 1968, the appellant did "voluntarily and with malice aforethought in and upon Elton W. Williams make an assault with the intent then and there to murder the said Elton W. Williams."
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