Curry v. State

BELCHER, Judge.

The conviction is for aggravated assault; the punishment, a fine of $500.

The alleged offense occurred in front of appellant’s night club. The testimony of the state shows that E. J. Young struck Billy Russell, the alleged injured party, with his fist on the cheek bone, and knocked him down, then got on top of him, and that Don Goode had just pulled Young off Russell when the appellant came out of the night club and shot Billy Russell with a tear gas gun while he was getting up from the ground. Billy Russell testified that at the time he was shot he felt his “eyes go blurry;”…