Aycock v. State

DAVIDSON, Presiding Judge.

—Appellant was convicted of aggravated assault and battery. This is the second appeal. The first appeal, as decided, is reported in 55 Texas Crim. Rep., 142. While the statement contained in the report of the case in that volume is meagre, we are of opinion that it is perhaps sufficient for a decision of some of the main questions involved on this appeal.

The State’s theory, it will be noted, from a report of the case, was that appellant made an. unjustified assault and battery upon Tom Bradley with a rock and a breast yoke, inflicting injury upon him— among other…