Clark v. State

MORROW, Presiding Judge.

The offense is simple assault; punishment fixed at a fine of twenty-five dollars.

It is the contention of .the State that the facts warrant a conviction for violating the provisions of Art. 1003, Sec. 3, of the Penal Code.

The witness Rainey impounded some stock belonging to the appellant. Upon learning this, appellant and his son .went to the home of Rainey and asked to see him. When he appeared, they told him that they had come after their stock.

Appellant had in his possession a gun which he was holding in his hand with the muzzle towards the ground and the stock near…