Kirkendall v. State

An information charged that on or about July 24, 1949, in Richardson County, defendant made an assault with intent to inflict great bodily injury upon the person of George A. Larimore, hereinafter called complainant. Upon a plea of not guilty, defendant was tried to a jury, which found him guilty of the included lesser offense of assault and battery. His motion for new trial was overruled, and he was sentenced to serve 75 days in the county jail at hard labor, and pay the costs of prosecution.

He prosecuted error therefrom to this court, assigning substantially that: (1) The evidence adduced…