Garrett v. State

HARPER, Judge.

—In this case the appellant was charged with the offense of committing an aggravated assault on James Samuels, and upon a trial was adjudged guilty of simple assault, and his punishment assessed at a fine of $5.

The complaint of the appellant in this cause is, first, that the verdict of the jury is contrary to the law and the evidence; second, that the court erred in charging the jury that in the event they did not find defendant guilty of aggravated assault and battery, that they might find the defendant guilty of simple assault; third, that as the defendant stands charged with…