Hinton v. State

Appellant was indicted by the grand jury of Austin County, charged with assault to murder. When tried he was convicted of an aggravated assault. The Assistant Attorney-General has filed a motion to dismiss this appeal because of the insufficiency of the recognizance. The recognizance merely states defendant has been convicted of the "offense of aggravated assault," and the motion must be sustained. Killingsworth v. State, 7 Texas Crim. App., 28. The appeal is dismissed. Dismissed.