Lutrall v. State

HARPER, Judge.

Appellant was prosecuted under an information and complaint charging him with making an aggravated assault on Jack Holt, and when tried he was adjudged guilty of simple assault, and his punishment assessed at a fine of five dollars.

While the information contained two counts, yet the court in his charge submitted only the first count, therefore, we shall not consider the second count. And the defendant being convicted of a simple assault only, only such matters assigned as relate to a conviction of this grade of assault will be considered.

In a case where a person is prosecuted…