In substance, the indictment in this case is different in no essential particular, so far as the offence attempted to be charged is concerned, from that as passed upon by this court in the case of Covington v. The State, 6 Texas Ct. App. 512. The court below erred in overruling defendant’s motion to quash.
Because the indictment charges no offence, the judgment is reversed and the case dismissed.
Reversed and dismissed.