Hamilton v. State

McCORD, Judge.

The appellant was indicted in the District Court of Newton County for an assault with intent to murder. He was convicted of aggravated assault and fined $25 with thirty days confinement in the county jail.

In the trial of the case the court did not submit-assault with intent to murder, but submitted the case to the jury on aggravated assault and simple assault, and defining an assault he charged the jury that if they believed from the evidence beyond a reasonable doubt that the defendant in the county of Newton, and State of Texas, about the time charged in the indictment with a…