Smith v. State

HARPER, Judge.

Appellant was indicted, charged with assault to murder, was convicted and his punishment assessed at three years in the penitentiary.

Appellant insists That the court erred in not -submitting the issue of aggravated -assault. Bob Williams, the alleged injured party, testified: “There was a big gang of us and we came along the road, and he stopped me and Henry and a big gang of us -stopped by Jo Perry’s and he said, 'Have you got some money?’ Henry Smith said that to me. I said, 'I don’t want your money,’ and he said, 'You have got to take it.’ I said I don’t want it and he said I…