Ohlrich v. State

WOODLEY, Judge.

Appellants were charged by separate complaints and in-formations with having committed an aggravated assault upon one Dan F. Summers, the ground of aggravation being that the assault was made with premeditated design and by the use of means calculated to inflict great bodily injury.

Appellant Ohlrich was alleged to have made the assault by the use of his fists, whereas the complaint and information against Appellant Grier alleged the means used to be by kicking with his foot.

By agreement the two cases were joined for trial and were tried before the court without a jury, and the…