Lemons v. State

CHRISTIAN, Judge. —

The offense is aggravated assault; the punishment, a fine of $100 and confinement in jail for thirty days.

The opinion on former appeal is found in 62 South Western, Second Series, at page 128.

The issue of guilt was closely contested. The testimony of Roy Allen, the injured party, was in substance as follows: While he and appellant were at a dance appellant cursed him and knocked him down. He got out from under appellant and struck at him with his fist. On the difficulty being renewed, appellant stabbed him with a knife.

According to appellant’s witnesses, Allen made the…