Jones v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for assault with a prohibited weapon where the punishment was assessed at 5 years.

The sufficiency of the evidence is not challenged. Suffice it to say that the evidence shows that on October 15, 1969 at approximately 2 a. m., Dallas Police Officer Heath observed a car driving on a public street without lights. The car stopped in a parking lot and two figures jumped from the car. As he approached, one of the figures [whom he testified was the appellant] grabbed him around the neck and began to strangle him and stuck a .22 pistol…