Fregia v. State

DAVIDSON, Judge.

Appéllant was convicted of assault to murder, ■ his punishment being assessed at two years confinement in the penitentiary.

- Exceptions to the court’s charge were presented in due time, properly approved by the judge. The exceptions are, first, that it is not authorized by the undisputed evidence of the State’s witnesses, which, testimony shows that defendant was at no time within such distance of Lizzie Fruger as to inflict injury upon her with the knife; second, there is no evidence that authorizes the submission to the jury of a." charge of assault with intent to murder…