People v. Trinidad

On a trial de novo in the district court appellant was convicted of aggravated assault and battery under a complaint charging aggravated assault only.

We quite agree with appellant' as to the only point raised in his brief, to wit, that the district court erred in convicting him of aggravated assault and battery under a complaint that charges no battery, and that the judgment as rendered below cannot stand; but we have heretofore held that, when the record contains sufficient data to enable this court to do what the district court might have done and presumably would have done had the matter…