Carter v. State

CATES, Judge.

This cause was submitted January 14, 1965, on the record proper without briefs. Our prior opinion of June 1, 1965, is withdrawn, and the following becomes the opinion of the court.

Carter was indicted for assault with intent to murder and convicted of assault and battery on the person of one Horton Walker. To the jury’s fine of $150.00, the trial judge added six months hard labor for the county. Sentence was suspended — for an unspecified period.

The indictment here embraces the lesser included offenses of assault and battery and assault simpliciter. Lewis v. State, 121 Ala. 1, 25…