Tamaya v. State

LATTIMORE, Judge.

Appellant was placed upon trial in the 37th District Court of Bexar County upon an indictment charging him with assault to murder, but, after the evidence was introduced the question of assault to murder appears to have been eliminated either at the request of the district attorney, or upon his own motion by the trial court, and the case was submitted to the jury solely upon the question of an aggravated assault.

No exceptions were taken to the charge of the court below, nor does there appear any bills of exception to the introduction of any evidence, and, therefore, the court…