Sharp v. State

KRUEGER, Judge.

Appellant was charged by indictment containing three counts with the offense of an aggravated assault and battery. Upon his trial he was convicted of said offense and his punishment was assessed at a fine of Four Hundred Dollars.

His first complaint relates to-the court’s action in declining to peremptorily instruct the jury to return a verdict of not guilty based on his contention that the evidence is insufficient to justify his conviction.

The state’s evidence shows that appellant struck J. D. Hopkins on the head just back of the ear with some bright object, the exact character…