Shelton v. State

DAVIDSON, Presiding Judge.

— Appellant was convicted of aggravated assault, his punishment being assessed at a fine of $25 and fifty days imprisonment in the county jail.

The information charges that appellant committed the assault upon Frank Spence with a rock, the same being a deadly weapon, and did then and there with said deadly weapon inflict upon the said Frank Spence serious bodily injury. There was another count in the information which charged that by cutting him with a knife he inflicted serious bodily injury. The court charged the jury: “An assault becomes aggravated when committed…