Creacy v. State

BELCHER, Judge.

Upon an information and complaint alleging that appellant, being a person of robust health and strength, committed an assault upon W. M. Johnson, who was decrepit, appellant was found guilty of aggravated assault; and his punishment was assessed at one month in jail and a fine of $100.

All of the testimony relied upon to establish the allegation that Mr. Johnson was decrepit may be summarized as follows:

He was 65 years of age; was blind in one eye; weighed about 148 pounds; and was about 5 feet 10 inches in height.

On the other hand, the evidence shows that he ran the store and…