Tyson v. State

DAVIDSON, Judge.

The indictment charged only that the appellant did “with malice aforethought in and upon Emil Kroll make an assault, with the intent then and there to murder the said Emil Kroll.” Under such charge, the trial court submitted to the jury assault with intent to murder with and without malice, and aggravated assault.

The jury returned the following verdict, which was received by the trial court, viz:

“We, the jury, find the defendant, Vance Tyson, guilty of Murder with malice aforethought and assess his punishment at 2 years confinement in the penitentiary.”

Upon such verdict,…