Opinion
No. 20446.
May 31, 1939.
Aggravated Assault — Affirmance.
Where the record was before Court of Criminal Appeals without a statement of facts or bills of exception, and objections to trial court's charge were found in the record but were impossible of appraisement without information as to the facts proven, conviction for aggravated assault was affirmed.
Appeal from District Court of Robertson County. Hon. W. C. Davis, Judge.
Appeal from conviction for aggravated assault; penalty, fine of $250.00 and thirty days in the county jail.
Affirmed.
The opinion states the case.
Tom B. Bartlett, Jr., of Marlin, and Sam L. Harrison, of Calvert for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Under an indictment charging assault to murder with malice aforethought appellant was tried and convicted of aggravated assault and his punishment assessed at a fine of $250.00 and thirty days in the county jail.
No statement of facts is found in the record. No bills of exception are brought forward. Certain objections to the court's charge are found in the record, but they are impossible of appraisement without being advised as to the facts proven.
The judgment is affirmed.