Simpson v. State

Appellant was prosecuted by information for an aggravated assault *160upon Boon Justice; it being alleged in the complaint and information that tbe assault was made with a pocket knife “of more than ordinary size, with about a five-inch blade, the same being then and there a deadly weapon.” It was further alleged that appellant “did then and there with said deadly weapon cut the said Boon Justice.” The court submitted the law both of aggravated assault and simple assault. Timely exception was taken to the action of the court in submitting a charge on aggravated assault; it being contended that…