Johnson v. State

OPINION

WOODLEY, Presiding Judge.

The offense is assault with intent to murder with malice; the punishment, 10 years.

Trial was before a jury on a plea of not guilty. The sole defense was insanity.

The charge of the court was in two parts. The first presented the defense of insanity and submitted the issue of whether appellant was insane at the time the offense was alleged to have been committed. Part 2 of the charge was to he considered only in the event the jury found appellant sane at the time of the alleged offense.

The jury found appellant sane at such time and found him guilty of assault…