Buie v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant was indicted for assault with intent to murder Floyd Hoskins. The court did not submit the issue of assault with intent to murder. The issue submitted was whether appellant was guilty of aggravated assault resulting from the infliction of serious bodily injury upon Hoskins. The evidence shows that appellant struck Hoskins upon the back of the head with an object which was twelve or thirteen inches long, the exact nature of which was not known. Three stitches were required to close the wound. Hoskins was rendered unconscious by the blow. The…