Winzel v. State

DAVIDSOH, Presiding Judge.

Two questions are suggested for reversal; first, the indefiniteness of the verdict; and second, the error in the court’s charge. The allegation was that the aggravated assault was committed with a hoe handle inflicting serious bodily injury. The court charged the jury, if they so believed they would convict; and also charged them to convict if they believed the assault was committed with premeditated design. There was no authority under the pleading for the submission of the second proposition. This, of course, was error. Grayson v. State, 42 S. W. Rep., 293; Hunt v.…