Davis v. State

KRUEGER, Judge.

The offense is aggravated assault and battery. The punishment assessed is confinement in the county jail for one year and a fine of $250.00.

The only question presented for review is the insufficiency of the evidence to justify and sustain his conviction.

The record reflects that on the night of the 20th day of May, 1946, W. B. Letts, the injured party, was in Kelly’s Restaurant located on Texas Avenue in the City of Houston; that while he was in there talking with Mr. McCamey and Mr. Stone, appellant came into the restaurant and invited Letts to come outside stating that he…