Grady v. State

DAVIDSON, Judge.

This is a conviction for assault with intent to murder, the punishment assessed being two years in the penitentiary.

Under a charge submitting assault with intent to murder with and without malice, and aggravated assault, the jury returned the following verdict:

“We the jury find the defendant guilty of assault with intent to murder and assess his punishment at confinement in the State penitentiary for two years.”

The verdict is assailed as being indefinite and uncertain in that it cannot be ascertained therefrom whether the conviction was for the offense of assault with intent…