Gardenheir v. State
| Decision Date | 01 January 1851 |
| Citation | 6 Tex. 348 |
| Parties | GARDENHEIR v. THE STATE. |
| Court | Texas Supreme Court |
OPINION TEXT STARTS HERE
On an indictment for an assault with intent to commit murder, the accused may be found guilty of a common assault and battery. (Note 64.)
Appeal from Angelina. The appellant was indicted for an assault with intent to murder. On the trial the prosecuting attorney did not ask a conviction for any offense but a common assault and battery, which was found by the jury, and judgment thereupon rendered by the court.
The defendant moved for a new trial, which was refused, and he appealed.
Attorney General, for appellee.
The only question presented by the record is the same presented and decided in the case of George Givens v. The State--whether such finding was lawful. And we decided in that case that it was good. The judgment of the court below must therefore be affirmed.
Judgment affirmed.
NOTE 64.--Givens v. The State, ante, 344.
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