Garrett v. State

MORRISON, Presiding Judge.

Under an indictment charging assault with intent to mur der, the appellant was convicted of aggravated assault, and his punishment assessed at one year in jail.

Our able state’s attorney confesses error, and we agree.

In submitting aggravated assault to the jury in his charge, the court authorized a conviction only if they found that the assault was committed with a deadly weapon.

In the course of the fight at an establishment where drinking was in progress, the injured party took the instrument used in the assault away from the appellant, later delivered it to the…