Savant v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of assault with a prohibited weapon (Art. 1151, V.A.P.C., 1925); the punishment is imprisonment for 5 years. The imposition of sentence was suspended and the appellant was granted probation.

The appellant complains of the court’s charge; he asserts that it permitted the jury to convict him on a theory not supported by the evidence. We agree that the court’s charge was erroneous in this respect and under our holdings in Oliver v. State, 160 Tex.Cr.R. 222, 268 S.W.2d 467 (1954), and McCuin v. State, 505 S.W.2d 827…