Brown v. State

HEETDEBSOlsr, Judge.

Appellant was convicted of a simple assault, and his punishment assessed at a fine of $5; hence this appeal.

This is the second appeal. See Brown v. State, 42 Texas Crim. Rep., 417. The facts before us on the present appeal are substantially the same as those on the former appeal, except with reference to the qualifications of Bobertson as deputy sheriff. In the former appeal the proof showed a mere omission to file the oath and bond. In the present appeal it is shown he refused to take the oath in order to qualify, as shown by bill of exceptions.

Appellant complains of the…