Mitchell v. State

DICE, Commissioner.

The conviction is for aggravated assault; the punishment sixty days in jail.

The complaint and information charged appellant with having committed an aggravated assault upon one William R. Gray, with a pistol, the ground of aggravation *805being that the assault was made with premeditated design and by the use of means calculated to inflict great bodily injury.

Gray, the injured party, testified that he was co-manager with his wife of the North Line Terrace Apartments in the city of Houston. Appellant lived in one of the apartments with his wife and small child. Gray testified…