Lewis v. State

MORROW, Judge.

The appellant was charged by information with the offense of aggravated assault. The information embodied the proposition that a deadly weapon was used, and also that serious bodily injury was inflicted. Upon the trial of the case the evidence was such as to present the theory of both aggravated assault and simple assault, and the court, recognizing this to be true, instructed the jury upon the law of both offenses. The verdict returned was as follows: “We, the jury, find the defendant guilty as charged in the indictment, and assess his punishment at a fine of $25.” Prompt…