McFarlane v. State

DAVIDSON, Judge.

This is a conviction for aggravated assault, with punishment assessed at a fine of $300 and 90 days in jail.

The ground of aggravation charged in the information was that appellant, an adult male, committed an assault upon Dorris Bryan, a female.

In view of the disposition we make of the case, a statement of the facts is not deemed called for further than to say that they warranted the jury’s conclusion of guilt.

In opening argument, state’s counsel made the following statement to the jury:

“ ‘And also if any man beat my wife up like he (the defendant) beat her up (referring to…