Yates v. State

PRENDERGAST, Presiding Judge.

Appellant was proscuted, tried and convicted of an aggravated assault under subdivision 6, article 1022,, Penal Code, the charge being that the assault and battery was committed with a whip. Appellant’s defense was self-defense. He was convicted and his punishment fixed at a fine of $100 and thirty days confinement, in jail.

The evidence shows that the appellant was a young man nineteen years of age, was something over six feet.tall, very healthy and weighed, at least 160 pounds; that the assaulted party, Mrs. Webster, was a married woman 53 years old and weighed…