Carter v. State

On Motion for Rehearing.

LATTIMORE, J.

In his motion for rehearing appellant renews his insistence that our holding the trial court not in error in charging the jury on aggravated assault is in conflict with prior opinions of this court, notably Dusek v. State, 48 Tex. Cr. R. 519, 89 S. W. 271, and Charles v. State, 81 Tex. Cr. R. 459, 196 S. W. 179.

We find nothing in the Dusek Case, supra, indicating that the alleged assault was upon a child of tender years who, both from the record and in the very nature of things, would have little understanding of what would be a completed act of…