
    Gardenheir v. The State.
    On an indictment fur 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 indieted 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 batter3>-, which was found by tiie jury, and judgment thereupon rendered bj' the court.
    The defendant, moved for a new trial, which was refused, and he appealed.
    
      Attorney General, for appellee.
   Ltfscomb, J.

The only question presented by tiie record is the same presented and decided in tiie ease of George Giveus e. The State — whether, such finding was lawful. And we decided in that case thafc It was good. The judgment of the court below must therefore be affirmed.

Note 64.—Givens v. The State, ante, 344.

Judgment affirmed.  