Gonzalez v. State

KRUEGER, Judge.

The offense is aggravated assault and battery. The punishment assessed is confinement in the county jail for a period of four months.

Appellant’s first contention is that the court erred in submitting to the jury, over his timely objection, the issue of an aggravated assault, because the evidence was insufficient to justify the submission of such issue.

The State’s evidence, briefly stated, shows that on the night of February 17, 1943, appellant and Jose Garza Lopez met in front of the Gallo Cafe; that appellant inquired of Lopez if he was the person who had hit his (appellant’s)…