Fields v. State

WOODLEY, Judge.

The indictment under which appellant was tried was in two counts. The first count alleged an assault upon Ruby Lee Jackson with malice with the intent to kill her. The second count alleged an assault upon Ruby Lee Jackson with intent to ravish and have carnal knowledge of her without her consent.

At the conclusion of the evidence, the state elected to stand upon the first count.

The court, in his charge, submitted assault with intent to murder with and without malice, and the jury found appellant guilty of assault with intent to murder without malice and assessed his punishment…