Lewis v. State

on rehearing.

January 14,1920.

LATTIMORE, Judge.

This prosecution was upon an information containing only one count, which charged an aggravated assault.

The court below, in his charge to the jury, submitted both aggravated assault and simple assault. The verdict was as follows: “We, the jury, find the defendant guilty as charged in the information, and assess his punishment at a fine of twenty-five dollars.”

In an able motion for rehearing, appellant challenges the correctness of our affirmance of this case, and our holding that the verdict was sufficiently certain, and insists that such verdict…