Pena v. State

DAVIDSON, Judge.

Appellant was convicted of assault with intent-to murder his wife, and given two years in the penitentiary; hence this appeal.

There are no bills of exception in the record. It is urged that the court committed an error in failing to submit to the jury a charge upon aggravated assault and battery. The evidence for the State shows an. assault with intent to murder, which occurred at a different place than that testified to by appellant. If the State’s testimony is true, appellant made the assault -with a knife upon his wife, stabbing her in the breast; also cutting one of her…