Ludwig v. State

MORRISON, Presiding Judge.

The indictment charged that Otto Ludwig and appellant, *296with malice aforethought, shot one Henry Roach with a shotgun, with intent to murder him.

At the close of the evidence, the trial court submitted the case to the jury under a charge authorizing conviction of assault with intent to murder with and without malice and of aggravated assault, and the jury returned a verdict finding Otto Ludwig guilty of assault with intent to murder without malice, with punishment of three years in the penitentiary, and by separate verdict found appellant guilty of aggravated assault…