Boyle v. State

WOODLEY, Judge.

Appellant, an adult male, was convicted of aggravated assault upon Rita Ruth Booth, a female, and the jury assessed his punishment at two years in jail and a fine of one thousand dollars.

The assault occurred at the home of a Mrs. Patterson where the injured party had been all day. Appellant arrived about 7 or 8 P.M. and, in response to Mrs. Booth’s telephone request, brought a bottle of scotch whisky and some beer.

Both appellant and Mrs. Booth were intoxicated and were in an upstairs room when the difficulty arose. According to the state’s theory appellant struck Mrs. Booth on…