Flatt v. State

CHRISTIAN, Judge.

— The offense is aggravated assault; the punishment, a fine of one hundred dollars and confinement in jail for four months.

The testimony is identical with that adduced in the case of W. M. Flatt v. The State, 117 Texas Crim. Rep., 5, 36 S. W. (2d) 517, this day delivered. A jury was waived and the case submitted to the court.

Appellant brings forward one bill of exception in which he complains of the argument of the county attorney. It appears that the county attorney, in submitting the case to the court, used language as follows: “The court knows that if the prosecuting…