Cain v. State

CHRISTIAN, Judge.

The offense is aggravated assault; the punishment, confinement in jail for 90 days.

The trial was before the court without the intervention of a jury.

The complaint reads as follows:

“I, H. E. Abernathy, being duly sworn do state upon my oath that I have good reason to believe and do believe that in said County and State heretofore on the 3rd day of August, A. D., 1939, J. W. ‘Smokey’ Cain, D. C. Grayson, Avis Augustia Bleeker, O. P. Hatton and Alford Jack Estes, did in and upon H. E. Abernathy make an assault.

“And the affiant aforesaid, further states upon his oath that he has…