Bennett v. State

HARPER, Judge.

The complaint charged appellant with making an aggravated assault on Viola Scott, alleging, that appellant was an adult male and the said Viola Scott a child.

The facts show that appellant is a teacher, and that he severely whipped Viola Scott, she being one of his scholars.

The contention is made that the court erred in submitting simple assault, and that the verdict of the jury finding him guilty of simple assault can not be sustained, in that appellant is an adult male person, and the law makes an assault by a male person on a child an aggravated assault. While the information…