Settles v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

The offense is aggravated assault; the punishment, 90 days in jail. Trial was before the court without the intervention of a jury.

All prior opinions are withdrawn, and the following substituted in lieu thereof.

The evidence produced by the State reflected that on the night in question an automobile containing the appellant, Joe Vitela, Tony Reyna, Mary Garcia, and one Cleto drove by the J and J Icehouse. Outside the icehouse were several patrons, one of whom was Armando Mata. As the automobile passed by the icehouse, a pistol shot was…