Howard v. State

LATTIMORE, Judge.

Conviction for simple assault; punishment, a fine of $5.00.

The prosecuting witness swore that while in some debate with appellant over the present payment of rent, the latter ran his hand into his bosom and pulled out a pistol sufficient to show the cylinder and some inches of the barrel; that appellant then put the pistol back, but kept his hand in his bosom during the remainder of the controversy. This, if believed, might make out a case of assault under that part of Art. 1141, P. C., which states that the use of any dangerous weapon, or the semblance thereof, in an angry…