Weddington v. State

ON MOTION FOR REHEARING.

BETHEA, Judge.

The appellant was convicted of an aggravated assault and his punishment assessed at a fine of §250.

At a former term this case was affirmed. Appellant in due time filed his motion for rehearing and asked for a writ of certiorari to perfect the record. The case will now be considered on the record as perfected.

The evidence shows that prosecutrix and her husband and her mother went to the office of appellant and while there she was assaulted by appellant. The theory of the state was that this was done without any provocation on the part of the prosecutrix,…