Darwin v. State

Conviction is for aggravated assault, punishment assessed at one year in jail and a fine of $500.00.

Appellant was indicted for the murder of Trammell Cason by striking, kicking and beating him and by beating his head against a cement floor.

The court submitted the issue of murder with and without malice and aggravated assault, and also charged upon provoking the difficulty. Appellant excepted to the instruction upon provoking the difficulty upon the ground that the evidence failed to raise such issue. We are not in accord with appellant in this contention. As raising this issue the State…