Clayton v. State

PRENDERGAST, Judge.

Under an indictment duly transferred to the County Court charging appellant with an aggravated assault upon Sam Traweek, appellant was convicted of a simple assault and fined $10. The indictment charged that on or about June 15, 1916, appellant, in said county, did then and there unlawfully with a gun, the same being a deadly weapon, commit an aggravated assault in and upon said Traweek.

It is unnecessary to recite the evidence. It was amply sufficient to show that appellant committed an assault upon said Traweek at the time and place charged, by the use of a gun, a…