Southall v. State

HARPER, Judge.

Appellant prosecutes this appeal from a conviction for aggravated assault. Under this record there could be no question that Otis Wood did make an aggravated assault upon M. M. Wilshire—the only contested issue in the case being whether or not appellant’s conduct on that occasion was such as to make him a principal in the commission of the offense.

The undisputed testimony in the case would show a number of young gentlemen had attended a moving picture show at Burleson. After the show Wilshire asked Wood Haynes if he knew when Miller was coming back. Otis Wood responded, “I don’t…