King v. State

HARPER, Judge.

—Appellant was indicted by the grand jury, charged with assault to murder. On the trial of the case the court gave in charge only the law applicable to aggravated assault, and the jury found the defendant guilty of aggravated assault and assessed his punishment at a fine of $25.

It appears from the record that appellant, prior to the date he was indicted, had plead guilty to simple assault, growing out of the same transaction, and paid his fine, and plead this in bar of this prosecution.

We have carefully read the testimony in this ease, with the view of seeing whether or not the…