Tuggle v. State

Webb, Judge.

This appeal presents two questions: (1) Is the crime of simple battery necessarily included in the crime of aggravated assault (with a deadly weapon)? and (2) Do the allegations of the indictments here contain all the essential averments of the crime of simple battery? If both of these questions are answered in the negative, we must reverse these convictions had under indictments for assault with deadly weapons since the defendants were convicted not of assault with deadly weapons but of simple battery after the court had charged thereon over objection.

1. "An accused may be…