Ward v. State

BEAUCHAMP, Judge.

Appellant was convicted for an aggravated assault on his twenty-two months old child and assessed a penalty of 730 days in jail.

The evidence in the case shows an unmerciful whipping of the child of such tender age and would sustain the conviction, had the trial been conducted according to law. There are numerous errors pointed out but we will discuss only those which might occur on another trial.

Appellant’s Bill of Exception No. 4 complains of the admission of the evidence of John Massey, a deputy sheriff, who said that the defendant confessed to him that he whipped the child…