Williams v. State

Graves, Judge.

This is the second appeal of this case, the former appeal being found in 133 Texas Crim. Rep. 536, 112 5. W. (2d) 475. In this case appellant was found guilty of an aggravated assault, and his punishment assessed at a fine of $35.00.

In his brief he complains because of the fact that he having been heretofore convicted of an assault to murder without malice, that upon this, his second appeal, he could only be tried for some kind of an assault without malice. That because of the peculiar wording of the indictment, he being therein charged with unlawfully, with his malice…