On or about January 20, 1957, the appellant, Virda Shaw, severely beat a woman, Jimmy Lee Taylor, about the head. She died January 29. Convicted of manslaughter, for which he was sentenced to imprisonment from three to nine years, Shaw appeals on the sole ground that he was entitled to an instruction on assault, which the court refused to give.

Here, the victim died as a result of the beating inflicted by the appellant. In the circumstances, an assault instruction was not required.

Affirmed.