Davis v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Carter county of assault and battery, and was sentenced to serve a term of 30 days in the county jail, and to pay a fine of $100.

Defendant was charged by information with a felony, an assault with intent to kill as defined by section 1756, Comp. St. 1921. This statute includes lesser assaults, including assault and battery, a misdemeanor, as defined by sections 1760 and 1761, the punishment for which is fixed by section 1763, Comp. St. 1921. The judgment was entered January 28, 1928. The appeal was…