Stone v. State

MARTIN, Judge.

Indicted for murder the appellant was convicted of aggravated assault and a penalty assessed of one year and one day in jail.

An indictment was returned by the Grand Jury of Wood County charging that appellant “in the County of Wood and State of Texas, did then and there unlawfully with malice aforethought, kill and murder Bura Browning by then and there striking and hitting the said Bura Browning with a baseball bat.”

The evidence introduced shows that deceased was struck with a baseball bat in Camp County and died later in Wood County from the injuries thus received. His case…