Waddill v. State

Citations

• 33 Tex. 343

Syllabus

<p>1. On an indictment for an assault with intent to murder, the jury returned a verdict of “ guilty of aggravated assault,” and assessed a fine of $250 as the penalty; and there was judgment below in accordance with the verdict. The defendant, relying on Slaughter v. The State, 24 Texas, 410, moved in arrest, on the ground that the verdict did not support the judgment; and the same ground is relied on in this court. Held, that the verdict in this case is special, not general, and the case cited does not apply—wherefore the judgment below is affirmed.</p>