Neblett v. State

BROOKS, Judge.

Appellant was convicted of maiming, and his punishment assessed at confinement in the penitentiary for a term of two years. The indictment contains two counts, but the court limited the consideration of the jury to the first count, the charging part of which is as follows: that appellant on December 29th, 1903, * * * “did then and there unlawfully make an assault upon H. Muffson, and did then and there unlawfully, wilfully and maliciously set fire to a certain device, known as a cannon cracker, which said cannon cracker was then and there being held by said H. Muffson in his…