Carter v. State

WOODLEY, Judge.

Our opinion affirming the conviction is withdrawn.

The offense is aggravated assault; the punishment, two years in jail and a fine of $500.

The complaint and information alleged that David L. Cain and Horace Carter (appellant) committed the assault upon Robert Brooks. Severance was granted and Cain testified as a witness for the state.

The evidence shows that, following an argument between appellant and Brooks in a tavern, which resulted in their being asked to leave, Brooks was assaulted on the outside of the tavern and serious bodily injuries were inflicted upon him.

The state’s…