Perkins v. State

OPINION

ROBERTS, Judge.

In a unitary trial before a jury, the appellant was convicted, under Article 1149 of our former Penal Code, of aggravated assault with a motor vehicle done “in the performance of an unlawful act . such as would give justification for civil action for damages.” Punishment was assessed at $50.00 and ninety days, probated.

The record reflects that the complainant Cynthia Redman was riding a motorbike on Highway 16 near Bandera. She was passed by two cars and continued on her way, staying approximately five car lengths behind the second car. Presently, the first car, driven…