Smith v. State

OPINION

DICE, Commissioner.

The offense is aggravated assault upon a police officer; the punishment, six months in jail and a fine of $500.

The state’s testimony shows that on the night in question the appellant, seventeen years of age, was at a Dairy Queen drive-in in the city of Mesquite. No intoxicants were sold on the premises but when appellant came into the dining room he had a *456bottle of beer in his pocket, which he spilled in a booth.

The owner, after asking appellant to leave because of his repeated fussing with a girl and pulling her hair, called the police and reported drinking on the…