GARRETT v. STATE

No. 28843.

298 S.W.2d 945 (1957)

Cal Owen GARRETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 20, 1957.


Attorney(s) appearing for the Case

Frank Sparks, Eastland, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

Under an indictment charging assault with intent to murder, the appellant was convicted of aggravated assault, and his punishment assessed at one year in jail.

Our able State's Attorney confesses error, and we agree.

In submitting aggravated assault to the jury in his charge, the court authorized a conviction only if they found that the assault was committed with a deadly weapon.

In the course of the fight at an establishment...

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