Rutherford v. State

BEAUCHAMP, Judge.

Appellant was assessed a fine of $5.00 on a charge of simple assault, from which he brings this appeal.

The complaint and information in the case charged appellant with having made an aggravated assault on Jack Cooper, but the court submitted only simple assault. It is alleged that appellant was an adult male person and that Jack Cooper was a child. The evidence shows that appellant had gone with his family to Lubbock to attend a show; that he, with a part of his family, took seats in the rear and his boy went to a seat near the front; that soon his boy came back to appellant…