Overstreet v. State

HAWKINS, Judge.

— Appellant was indicted for murder and convicted of aggravated assault and his punishment assessed at a fine of $100.00.

No statement of facts is brought forward.

Appellant presents two questions, one being that a conviction for an aggravated assault could not properly be had under an indictment charging murder under the present definition of that offense. (See Chapter 274, Acts Regular Session 40th Legislature, page 412). The point has been decided against appellant in No. 12312, Clyde Miller v. State, opinion delivered February 20th, 1929, not yet reported.

The judgment entered…