Hankins v. State

BRICKEN, Presiding Judge.

Appellant was charged by indictment with assault with intent to murder P. A. Van-diver. Under an indictment of this character a conviction may be had of a simple assault or an assault and battery. Miller v. State, 21 Ala. App. 261, 107 So. 226.

The trial of this appellant in the court below resulted in his conviction for the offense of assault and battery; the jury assessed a fine against him of $100. He having failed to pay the fine and costs, the court, as the law requires, sentenced him to perform hard labor for the county. Judgment of conviction was duly pronounced…