Sample v. State

DAVIDSON, Presiding Judge.

—Appellant was convicted for aggravated assault, and his punishment assessed at a fine of $100.

The application for continuance will not be discussed because a bill of exceptions was not reserved to the ruling of the court refusing to grant it.

The court instructed the jury that, “An assault becomes aggravated by indecent familiarity of the person of a female by an adult male against her will and without her consent.” Complaint is made that this submits a different offense from that charged in the pleading. We are of opinion there is no merit in this contention.…