Madrid v. State

HARPER, Judge.

On the 4th day of February, 1913, the appellants were indicted by the grand jury of Erath County. The indictment contains three counts, the first charging them with assault to murder one J. D. Boasewell; the second charging them with maiming him by cutting off his ears, and the third charging them with robbing the said Boasewell. It may be said the evidence offered in behalf of the State would support either and all the above counts. However, the court only-submitted the third count in the indictment, and appellants insist that as ihe evidence, if it would support the third…