Love v. State

CARR, Judge.

Appellant was indicted for assault with intent to murder and was convicted of assault and battery. Title 15, Sec. 323, Code 1940.

The record proper is in • every respect regular. It appears that there were no written charges requested and no motion for a new trial.

Evidence for the State tended to show that about 10:30 on the night of October 5, 1943, Otho Brewer, a soídier and the alleged assaulted party, entered appellant’s taxi-cab and requested to be carried to Camp Sibert. A dispute forthwith arose over the amount to be charged for the trip. Being unable to reach a satisfactory…