Owens v. State

Appellant seeks reversal of the judgment of conviction of aggravated assault entered against him after trial by jury. The information charged appellant with manslaughter in that he was alleged to have killed his landlord by striking him in the head with an ax.

There were eyewitnesses who testified that appellant committed the act charged. The jury returned its verdict on the lesser offense of aggravated assault.

For reversal, appellant contends that the trial judge erroneously instructed the jury on the elements of the crime of aggravated assault, whereas he was charged with the crime of…