Flowers v. State

BEAUCHAMP, Judge.

Appellant was convicted for an aggravated assault and assessed a fine of $500.00 and one year in jail.

Appellant, a man fifty-seven years of age, became involved in a quarrel with a man seventy-seven years of age when they *636met on the street in the city of Brownwood. Hard words followed resulting in appellant striking the older man with his fist, knocking him down. As he fell he received some kind of injury which resulted in his death.

The indictment in the case charged murder, without an allegation of malice. The court submitted the case on the theory of murder without malice,…