Opinion
No. 14019.
Delivered February 25, 1931.
Aggravated Assault — Charge.
Where appellant was acquitted of assault with intent to murder, having been convicted of aggravated assault, a criticism of the court's charge on assault with intent to murder was useless and is unavailing.
Appeal from the District Court of Jasper County. Tried below before the Hon. W. T. Davis, Special Judge.
Appeal from a conviction for aggravated assault; penalty, a fine of $250.
Affirmed.
The opinion states the case.
Adams Hamilton, of Jasper, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is aggravated assault; penalty assessed at a fine of $250.00.
The indictment is regular. There is no statement of facts. No fundamental error has been perceived.
In a bill of exception complaint is made of the charge on assault with intent to murder. The jury having acquitted the appellant of that offense, the question passes out of the case.
The judgment is affirmed.
Affirmed.