Carpenter v. State

DAVIDSON, Presiding Judge.

Appellant was charged with aggravated assault and battery.

The court charged the jury limiting the consideration of the jury to simple assault. Appellant asked two instructions, one not to consider aggravated assault and the second giving the appellant’s view of self-defense. Both requested instructions were given.

The verdict of the jury reads as follows: “We, the jury find the defendant ‘guilty’ of an assault as charged in the information and assess his punishment at a fine of $5.” Contention is made that this verdict is insufficient inasmuch as appellant was charged…