Justice v. State

MORRISON, Presiding Judge.

The offense is aggravated assault; the punishment, ten days in jail and a fine of $50.

A plea of guilty was entered before the court.

The punishment provided for aggravated assault by Article 1148, Vernon’s Ann.P.C., is a fine of not less than $25 nor more than $1,000, or by imprisonment in jail for not less than one month nor more than two years, or both such fine and imprisonment.

Since the court saw fit to impose a jail term, it was incumbent upon such court to comply with the statute. In Rutherford v. State, 79 Tex.Cr.R. 605, 187 S.W. 481, where the punishment was…