McGill v. State

HARPER, Judge.

Appellant was prosecuted and convicted of an aggravated assault and his punishment assessed at two years confinement in the county jail, and a fine of $500.

If the testimony of the prosecuting witness presents the correct state of case the punishment assessed is none too severe. However, appellant and his witnesses present an entirely different state of facts and he has a right to have his theory of the case, based on adequate testimony, presented to the jury. He testified the girl phoned for him to come and that she went with him willingly. In this he is supported by several…