Bangs v. State

HAWKINS, Judge.

Appellant was prosecuted by information for an aggravated assault upon Wilford McClain with a piece of iron alleged to have been a deadly weapon. The court submitted1 for the consideration of the.jury the law both of aggravated and simple assault in a manner which was entirely satisfactory to appellant, as no exception was taken to the charge in any particular. The jury returned a verdict for aggravated assault, and assessed the punishment at a fine of $25.

It was urged in the motion for new trial that the evidence is insufficient to support the verdict in that it fails to show…