Rater v. State

DAVIDSON, Judge.

This is a conviction for simple assault, with punishment assessed at a fine of $5.00.

The injured party, Shoemaker, and appellant met on the streets of Bellevue. Shoemaker claimed that appellant had accused him of stealing a wolf trap, to which appellant replied “I tracked you and it was your tracks.” Shoemaker called him a liar, and the fight started. According to Shoemaker’s testimony they fought about four rounds and stopped because “we had both just give out.” After the fight stopped and while Shoemaker had his head turned, appellant kicked him between the legs with his…