Fowler v. State

CHRISTIAN, Judge.

The offense is simple assault; the punishment a fine of five dollars.

It is charged in the complaint and information that appellant committed an aggravated assault upon the injured party “with a rifle, the same then and there being a deadly weapon.” The court submitted simple assault and also gave a definition of assault committed by the use of a dangerous weapon, or the semblance thereof, in an angry or threatening manner, with intent to alarm another, under circumstances calculated to effect that object.

Appellant offered no testimony. The state relied entirely upon the…