DAVIDSON, Commissioner.
This prosecution arose under art. 1149, P.C. which denounces the offense of assault with a motor vehicle. The trial was to the court, with punishment assessed at a fine of $50.
The charging part of the information reads as follows: "* * * did then and there drive and operate a motor vehicle, to-wit, an automobile truck, and while so engaged did then and there commit an aggravated assault in and upon the person of Bertha Tyler by wilfully...
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