Jordan v. State

KRUEGER, Judge.

The offense is assault with intent to murder. The punishment assessed is confinement in the State penitentiary for a term of three years.

Upon an inspection of the record, we find an indefinite verdict and the court, in pronouncing sentence upon appellant, failed to make application of the Indeterminate Sentence Law, due perhaps to the uncertainty of the jury’s verdict.

Appellant was charged with the offense of an assault to murder with malice. The court instructed the jury as to the law on an assault to murder with and without malice, and also on the law of aggravated assault.…