Roberts v. State

WOODLEY, Judge.

The indictment returned against appellant alleged that he with malice aforethought assaulted Jewel Johnson with intent to murder her.

Aggravated assault, as well as assault with intent to murder with and without malice, was submitted in the court’s charge, and the jury found appellant guilty of aggravated assault and assessed his punishment at one year imprisonment and $1,000.00 fine.

The appeal is from the judgment entered upon the jury’s verdict.

The evidence shows that appellant placed a pistol against the complaining witness and it was discharged causing injury to her person.…