Morton v. State

OPINION

DOUGLAS, Judge.

The conviction is for aggravated assault upon an indictment charging assault with intent to murder; the punishment was assessed at a fine of $800 and confinement in jail for six months.

Appellant operated a store and bait house near the dam at Sam Rayburn Lake. The record reflects that the injured party, Hoyt Cook, went into the store and purchased some snuff. As Cook started to leave, appellant started talking to him about someone (presumably Cook’s son) driving a pickup truck late at night near appellant’s home.

Cook testified that appellant hit at his head with two…