Abercrombie v. State

WOODLEY, Judge.

Appellant was charged by indictment with the offense of maiming by wilfully and maliciously biting off an ear of Raymond C. Ragsdale. Upon trial he was convicted of the offense of aggravated assault, and his punishment was assessed by the jury at “$500.00 and 9 months in the county jail.”

He appeals from the judgment rendered on such verdict ordering that he be confined in jail for 9 months and that the State recover from him a fine of $500 and costs.

The court’s charge authorized a conviction for maiming or for aggravated assault or for simple assault and directed the jury to…