Workman v. State

Appellant was tried in the County Court of Cochran County, before a special judge and a jury, upon complaint and information alleging that he committed an aggravated assault upon Raymond Kuykendall, a special deputy sheriff who was in the discharge of his official duties.

Appellant sought to have the jury instructed to acquit if they found that Kuykendall was not a special deputy sheriff discharging his official duties, but the court submitted both aggravated assault and simple assault.

The jury returned the following verdict: “Guility of simple assault, and we the jurors assess the defendant…