Acrey v. State

(dissenting).—The majority of the court hold that article 588 of the Penal Code should not have been given in the charge to the jury in this case. I dissent from that view.

The charge in the information was aggravated assault, the allegation being that appellant cut prosecutor with a knife, which was a deadly weapon. The conviction was for a simple assault and the lowest fine. The proof on the part of the State showed that prosecutor and appellant engaged in a difficulty, and in the struggle appellant cut prosecutor with a pocket knife in two places, one on the face below the temple and…