Castleberry v. State

Prince Castleberry, defendant below, was by information filed April 1, 1921, charged jointly with Wesley Payne with an assault upon the person of Minnie Hoyle with a knife or dagger, with the intent to kill Minnie Hoyle. At the trial, May 19, 1921, defendant Castleberry was by a verdict of the jury found guilty of “an assault with a dangerous weapon as charged in the information,” and his punishment was assessed at imprisonment in the penitentiary for a term of three years. From the judgment on this verdict he appeals.

The charging part of the information is as follows:

“Then and there with a…