Burleson v. State

DAVIDSOH, Judge.

Appellant was convicted of an aggravated assault, his punishment being assessed at a fine of $25.

It is contended the evidence is not sufficient. This is presented by bill of exceptions and motion for new trial. The main contention is that the State failed to show that the weapon used was a deadly weapon as charged in the information and complaint. We are of opinion this error is well assigned. The only evidence in regard to this matter is that the weapon used was a knife. The knife is thus described by the witness: “It was a hawk-bill knife, large at the point and a good sized…