State v. Jenkins

STEWART, Judge.

Defendant was found guilty of assault with intent to do great bodily harm without malice aforethought. His punishment was fixed at a fine of $1,000 and confinement in the county jail for a period of five months. Defendant had also been charged in a separate count with exhibiting a deadly weapon in a rude, angry or threatening manner. The jury returned a verdict of not guilty on the latter charge.

On this appeal defendant contends that the court erred (1) in denying his motion to require the State to elect upon which count of the information it would proceed; (2) in giving…