Arnold v. State

MORRISON, Judge.

The offense is aggravated assault; the punishment, 180 days in jail and a fine of $250.00.

Our prior opinion is withdrawn and the following is substituted in lieu thereof.

The facts reflect that appellant, age 21, kicked a 15 year old boy in his groin. The information alleged and the court submitted the case to the jury under Subdivision (8) of Article 1147, Vernon’s Ann.P.C. which makes an assault aggravated when committed with premeditated design and by use of means calculated to inflict great bodily injury. The early case of Pinson v. State, 23 Tex. 579, is authority for the…