Wilheit v. State

HAWKINS, Judge. —

Appellant was tried upon an indictment charging him with assault to murder W. C. McGuire. Conviction of aggravated assault resulted and his punishment was assessed at a fine of $800.00 and 90 days’ imprisonment in the county jail.

McGuire was City Marshall of the town of Desdemona. Appellant owned a number of cattle. McGuire, acting in his official capacity had impounded some of them. Appellant insisted that the town had no ordinance authorizing this to be done. McGuire told appellant he was acting under directions from the alderman and mayor. The cattle had been in the pound…