Cabness v. State

Conviction is for aggravated assault, punishment assessed being one year in the county jail.

My brethern have reached the conclusion that the judgment of conviction should be affirmed, as is evidenced by the original opinion and the opinions on rehearing. Feeling that the principle involved is of grave importance, I think it proper to record the reasons why I cannot agree with them.

*372Omitting the formal parts, the complaint and information charged that “William Cabness in and upon Georgia Mae Brown did then and there unlawfully commit an aggravated assault and battery, and did then and there…