Shannon v. State

HAWKINS, Presiding Judge.

Appellant was convicted of aggravated assault and his pun ishment assessed at confinement in the county jail for thirty days.

The case was tried before the court without the intervention of a jury. The record is before this court without bills of exception. The State’s brief points out that the statement of facts is filed too late, but suggests that even if it should be considered that it only shows a conflict in the testimony which was a question for the trial court to determine. It occurs to us that the State is correct in both particulars.

The amended motion for new…