Jackson v. State

Citations

• 25 Tex. 229

Syllabus

<p>Where a party is indicted for an aggravated assault, under article 488 of the Penal Code, (Paschal’s Dig., Art. 2150, Notes 660, 663,) he might be convicted of a simple assault; but he cannot complain of a charge to the jury which left them no alternative but to find him guilty of a violent assault, or not guilty of any offense.</p> <p>The court, after defining the whole law of assault, said: “ If, from the evidence before you, you believe that the defendant is guilty, as charged in the indictment, you will find him guilty, and assess his fine at any sum not less than $100 nor more than $1,000.” And the judge refused to charge, that if the jury find from the evidence that the defendant did not commit an aggravated assault, they can then determine whether he committed a simple assault and battery, and can assess his fine at any sum not exceeding $100. The State might complain of this; the accused could not legally do so.</p>