Smith v. State

MARTIN, Judge.

The indictment was for assault to murder; the conviction was for aggravated assault; penalty, thirty days in jail and a fine of $1000.00.

Two witnesses hunting for cattle on appellant’s premises came suddenly upon appellant and a companion butchering beeves. Appellant’s companion waved them away. They testified that appellant shot at or towards them with a gun. The trial court submitted aggravated assault in the following language:

“Then, if you believe from the evidence, beyond a reasonable doubt, that the defendant, in the County of Mason, and State of Texas, on or about the…