Koontz v. State

MORROW, Presiding Judge.

— Conviction is for aggravated assault; punishment fixed at confinement in the county jail for sixty days.

The indictment charges the assault in these words:

“ * * * did then and there unlawfully in and upon Riley Lynn, commit an aggravated assault; and the said Ernest Koontz did then and there strike and kick the said Riley Lynn with his hands and feet, and did then and there and thereby inflict serious bodily injury upon the said Riley Lynn.”

It appears from the evidence that Lynn had a load of watermelons for sale. As appellant passed him, Lynn asked him whether he…