Bush v. State

WOODLEY, Judge.

Appellant was convicted of aggravated assault under the count of the information which alleged that he did go into the house of a private family, to-wit, the house of Harvey Kirkpatrick, and there commit an aggravated assault and battery on said Harvey Kirkpatrick. His punishment was assessed at a fine of $1000 and two years in jail.

Art. 1147 P.C., Sec. 3, provides that an assault and battery becomes aggravated when the person committing the offense goes into the house of a private family and is. there guilty of an assault and battery.

We overrule the contention that the…