Boyd v. State

HAWKINS, Judge.

Appellant was charged with an aggravated assault upon W. A. Bell; the circumstance of aggravation alleged being that appellant was a person of robust health and strength and that Bell was aged and decrepit. Subdivision 4, article 1147, P. C., 1925. Appellant was convicted and his punishment assessed at a fine of $50 and sixty days in jail.

In Hallman v. State, 113 Texas Crim. Rep., 100, 18 S. W. (2d) 652, it was held that the word “aged,” as used in the statute, in the absence of some definition thereof, was too indefinite. The only evidence in the record which might refer to…