McElroy v. State

OPINION

BROWN, Commissioner.

The conviction is for aggravated assault under the new penal code; the punishment, assessed by the jury, two (2) years’ imprisonment.

Appellant and four companions were in an apartment complex parking lot, sitting on the back of a pickup, drinking. David Hale arrived and appellant and two companions got in Hale’s car. Gary Eoff approached the car with the drinks and ice and asked Hale where he wanted them. Appellant said, “Leave me alone.” Eoff again asked Hale where he wanted to put the ice and drinks and again appellant said, “Leave me alone.” Eoff told appellant…