McFarlane v. State

269 S.W.2d 389 (1954)

McFARLANE

v.

STATE.

No. 26769.

Court of Criminal Appeals of Texas.

March 24, 1954.

Rehearing Denied June 2, 1954.

Davenport & Anderson, by Henry J. Anderson, Wichita Falls, for appellant.

Wesley Dice, State's Atty., Austin, for the State.

DAVIDSON, Commissioner.

This is a conviction for aggravated assault; the punishment, a fine of $500 and one month in jail.

The information alleges that the assault was committed upon Gay Bryan. The ground of aggravation was the use of a deadly weapon, to wit, a pistol.

At the outset we are confronted with the contention that appellant has been…