Mock v. State

The indictment charged the appellant with assault with intent to murder Dorothy Jean Nixon.

Upon his plea of not guilty to that accusation, appellant went to trial before a jury.

The prosecutrix had testified to the alleged assault.

Near the conclusion of prosecutrix’ testimony, appellant changed his plea of not guilty to that of guilty.

Thereupon, state’s counsel advised the trial court that the state was waiving the felony count of the indictment and that appellant was pleading guilty before the court to the misdemeanor offense of aggravated assault.

After the empaneled jury had been discharged,…