Drake v. State

BEAUCHAMP, Judge.

The appeal is from a conviction for aggravated assault.

The complaint charges an aggravated assault under two counts, the first that he committed an aggravated assault upon J. R. Hamilton, “an aged and decrepit person.” The second, that he struck the said Hamilton with a soft drink bottle and did thereby inflict upon him serious bodily injury. The court submitted the case to the jury on both counts and the verdict returned was: “We, the jury, find the defendant guilty of aggravated assault and assess his punishment at 60 days in jail and 100 dollar fine.”

The evidence in the…