Brooks v. State

KRUEGER, Judge.

The offense is an assault with intent to murder. The punish-' inent assessed is ■ confinement in the state penitentiary for a term of three years.

The record discloses that appellant was charged by indictment with an assault with intent to murder with malice aforethought. The court submitted the case to the jury upon the law relative to an assault with intent to murder both with and without malice. The jury returned the following verdict:

“We the jury find the defendant Guilty of' Assault with intent to commit Murder & assess his punishment at 3 years confinement in the…