Pitcock v. State

OPINION

BELCHER, Judge.

The conviction is for aggravated assault, with the punishment assessed at two years in jail.

The assaulted party was the wife of the appellant.

The refusal of appellant’s motion for a ■new trial is urged as reversible error upon the ground that the state did not contradict it.

It is not necessary for the state to join issue with the defendant by a written pleading. Art. 40.06, Vernon’s Ann. C.C.P.; Cade v. State, 96 Tex.Cr.R. 523, 258 S.W. 484; Smith v. State, 162 Tex.Cr.R. 237, 283 S.W.2d 936, 939. Further, the motion for new trial was supported by one affidavit, that of…