Ballentine v. State

BROOKS, Judge.

This case was reversed at a former term of this court, and the opinion in same will be found in 52 Texas Crim. Rep., 369; 107 S. W. Rep., 547. In said former opinion we inadvertently stated that the issue of aggravated assault should have been given in the charge. We find in this record that appellant again complains of the refusal of the court to charge upon aggravated assault. We hold that the former opinion, in stating that the issue of aggravated assault was in the case, is erroneous, and it follows that the court did not err in refusing to charge on same in this case.

Appella…