Moody v. State

DAVIDSON, Presiding Judge.

The verdict in this case is as follows : “We, the jury, find the defendant guilty and assess his punishment at a fine of $25. S. T. Johnson, foreman.” The court submitted the issues of aggravated and simple assault in his charge. We are unable to state of which offense the jury found appellant guilty. Article 751 of the Code of Criminal Procedure, provides, “Where a prosecution is for an offense consisting of different degrees, the jury may find the defendant not guilty of the higher degree (naming it), but guilty of any degree inferior to that charged in the…