Gage v. State

KRUEGER, Judge.

The appellant was tried and convicted of the offense of an assault with intent to rob and his punishment assessed at confinement in the state penitentiary for a term of two years.

The appellant and Vernon Daniels were jointly indicted but the appellant alone was put on trial. By bill of exception No. 1 the appellant complains of the action of the trial court in refusing to sustain his motion for a directed verdict and in refusing to give appellant’s requested peremptory charge. From the record before us we believe that the trial court erred in declining to sustain appellant’s…