Tiller v. State

Appellant was indicted in the district court of Taylor county of an assault with intent to murder, and upon trial was found guilty of an aggravated assault, and his punishment fixed at a fine of $500 and imprisonment in the county jail for a period of six months.

In submitting the law of aggravated' assault the learned trial judge told the jury that an unlawful assault became aggravated when serious bodily injury was inflicted, or when committed with a deadly weapon, etc. The undisputed proof in the case establishes that appellant shot the injured party with a pistol through the stomach,…