Cunningham v. State

McDONALD, Presiding Judge.

The offense is aggravated assault; the punishment, a fine of $300.00.

The information alleged the injured party to be a decrepit person and the accused to be a person of robust health and strength, which brought the offense within the terms of Subdivision (4)- of Art. 1147, Vernon’s Ann.P.C.

In view of our disposition of this case we shall not relate the details of the assault.

The complaining witness, Robert A. Mc-Elroy, testified that he did not know how big a man appellant was. “I would say 140 or 150 pounds, I don’t know anything about his weight or anything about…