Florence v. State

CHRISTIAN, Judge.

The offense is aggravated assault, the punishment confinement in jail for two years.

The facts relied upon by the state were these: J. M. Denman was approximately 70 years old, weighed about 130 pounds, and was five feet two inches tall. He was a flagman in the city of Dallas. On the 1st day of August, 1925, he was on duty at the railroad tracks near a flag station. Appellant and another man were crossing the railroad tracks in a truck when Mr. Denman attempted to stop them. His signal sign struck against the truck. At the time a train was approaching the street. Appellant…