Denton v. State

The indictment in the first count charges appellant with assault to murder; the second, omitting formal parts, is thus copied: "did unlawfully and wilfully commit an assault and an assault and battery upon one. W.W. Cook with a pistol, the said pistol being then and there carried unlawfully by the said Clyde Denton, contrary," etc. The case was tried under the second count, and appellant was convicted under that count. The statement of facts does not accompany the record.

A bill of exceptions was reserved to the charge of the court for various and sundry reasons; however, this bill of…