Cabness v. State

BEAUCHAMP, Judge.

Appellant was convicted on a charge of aggravated assault and assessed a penalty of one year in the county jail.

The record of the appeal contains but one bill of exception. Another question as to the competency of a three-year-old child as a witness, which has been raised in the argument, we do not feel has been presented for our consideration and it will not be noticed.

The bill of exception raises a question of variance between the allegations of the complaint and the evidence. This has given us considerable concern, but, after careful study of the authorities presented,…