Court of Appeals of Texas July 1, 1880 (Smith v. State)

White, P. J.

Appellant was prosecuted in the County Court of Wood County by information charging him with an aggravated assault and battery. The verdict of the jury at the trial was : “ We, the jury, find the defendant guilty of an aggravated assault, and assess the fine,” etc. Judgment of the court was for an aggravated assault.