Burks v. State

OPINION

ROBERTS, Judge.

The appellant was indicted for the offense of assault with intent to murder with malice. The jury found him guilty of aggravated assault and assessed his punishment at confinement for two years in the county jail and a fine of one thousand dollars.

Appellant’s first ground of error challenges the sufficiency of the evidence. From the argument in support of this contention, it appears that appellant is complaining of the court's charge because it included an instruction on aggravated assault, and of the jury’s verdict finding him guilty of that offense. Appellant contends…