Hernandez v. State

DAVIDSON, Presiding Judge.

The indictment contains two counts, the first charging assault with intent to murder Estevan Griego, and the second charging an assault with intent to commit robbery from said Estevan Griego. The court submitted the second count only to the jury, and their verdict was for two years confinement in the penitentiary.

The verdict did not specify of what offense they convicted. It was a general verdict. The judgment based upon the verdict was for an assault with intent to murder. This was wrong. The court had no authority to enter a verdict of assault with intent to murder…