Boney v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for the offense of aggravated assault. V.T. C.A., Penal Code, Sec. 22.02. Punishment was enhanced pursuant to V.T.C.A., Penal Code, Sec. 12.42(d) and assessed at life imprisonment.

The evidence adduced at trial revealed that on April 4, 1975, Betty Jane Outlaw owned and operated an antique shop. At approximately 4:40 p. m. on April 4, the appellant entered this shop while witness Outlaw was alone. The appellant asked if she had “any green cabbage rose,” an antique glass. After checking, she told the appellant she did not have any such…