Atkinson v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of simple assault under an information charging him with aggravated assault.

■ The assault is alleged to have been committed upon Miss Elma Warren. The prosecutrix and another lady passed along the street at night near where appellant was standing, and were accosted by him. The ladies had been to a moving picture show and were en route home; when near the northwest corner of the square someone said wait a minute. Prosecutrix turned her head slightly; the party came close to her, and she recognized appellant. He remarked when he got right close…