Payton v. State

OPINION

RALEIGH BROWN, Commissioner.

The conviction which forms the basis for this appeal was aggravated assault on a child. The punishment was assessed by the court at one year in the county jail after a jury finding of guilty.

The sufficiency of the evidence fyas not been challenged.

The record reflects that this case has been tried twice. In the first trial the jury found the appellant guilty and the court sentenced, him to thirty days in jail. A new trial was granted by the trial court and the same judge tried and sentenced the appellant in this the second trial.

Appellant urges that the…