Sammons v. State

Appellant, charged by information with assault with intent to kill, was by a jury found guilty of aggravated assault and his punishment was fixed at a $500 fine and imprisonment in jail for sixty days. He has appealed from a judgment entered on the verdict.

The following assignments of error are urged as grounds for reversal:(1) That the trial court erred in giving instruction No. 3 at the request of the State.

■ (2) That the court erred in refusing to give instruction No. 13 requested by appellant.

I

Instruction No. 3, given at the request of the State, was incorrectly worded in that certain…