Borders v. State

DAVIDSON, Presiding Judge.

The complaint and information charge appellant with having committed with a deadly weapon an aggravated assault upon Arthur McDonald.

The court submitted aggravated assault, simple assault, and also gave a definition of assault committed by the use of a dangerous weapon, or the semblance thereof, in an angry or threatening manner, with intent to alarm another, under circumstances calculated to effect that object.

The State’s case was made by the testimony of Arthur McDonald and his brother, R. B. McDonald. Their testimony is practically the same. Substantially stating…