Hays v. State

OPINION

ONION, Presiding Judge.

Appellant was indicted for assault with intent to murder with malice aforethought. He was convicted of the lesser included offense of aggravated assault. The jury-assessed his punishment at confinement in the county jail for two years and at a fine of $1,000.00.

The court’s charge authorized the jury to convict for aggravated assault if they found that the assault had been committed with a deadly weapon, under circumstances not amounting to an attempt to murder or maim, or if serious bodily injury was inflicted on the person assaulted.

Appellant challenges the…