Carter v. State

PBEbTDEBGAST, Presiding Judge.

Appellant was convicted for an assault with intent to murder John Lantron.

The record shows that before the trial began, under the Act of February 11, 1913, p. 8, appellant duly filed a sworn plea in accordance with the statute, seeking a suspension of his sentence in the event he was convicted and his punishment fixed at five years or less in the penitentiary. He asked a special charge submitting this issue to the jury, which the court refused to give, to which he excepted. He also excepted to the charge of the court because not submitted by the court in his main…