Bolt v. State

HARPER, Judge.

—Appellant was prosecuted and convicted of “unlawfully and seriously threatening to take the life of a human being, viz., Grover Rayburn.”

The testimony shows beyond a doubt that appellant made an unlawful and unjustifiable assault on Rayburn, but wholly fails to show a violation of article" 962 of the Criminal Code. It has been held by this court that a rash, inconsiderate expression, provoked by an angry altercation in which the parties were then engaged, will not constitute the offense. (March v. State, 3 Texas Crim. App., 107.) The most the testimony shows is that appellant…