Hartsell v. State

BROOKS, Judge.

Appellant was convicted of aggravated assault and his punishment assessed at a fine of $575 and one year in the county jail.

Appellant’s only contention is, that the evidence fails to show that he is an adult male, the assault alleged being upon a female. The prosecutrix in her testimony in speaking of the appellant uses this language: "I know John Hartsell, the defendant, like any other boy, in passing.” Then in another portion of her testimony in speaking of the appellant she uses this language: “I saw the defendant the next day. I identified him as the man who assaulted me…