Hightower v. State

DAVIDSON, Presiding Judge.

This conviction was for assault with intent to murder, the punishment being assessed at five years confinement in the penitentiary.

The issues of assault to murder, aggravated assault, and simple assault were submitted by the court in his charge to the jury. Quite a number of errors are assigned in reference to the court’s charge and refusal to give appellant’s requested instructions. Briefly stated, the evidence for the prosecution is to the effect that appellant and his wife had separated. They had one child which was kept by the wife. There had been a division of…