Elizalde v. State

MORRISON, Presiding Judge.

The offense is aggravated assault; the punishment, six months in jail.

*320This is also a companion case to Aleman v. State, Tex.Cr.App., 332 S.W.2d 317. The facts are almost identical. Officer Vara testified that this appellant was one of his attackers, that he threw a beer bottle which hit the witnesses and shouted to the crowd, “Kill the cop.” Appellant testified that he knew Vara to be an officer and had thrown a beer bottle at him but that it did not strike the officer.

What we said concerning the bill of exception in Aleman is here controlling.

Finding the evidence…