WOODLEY, Judge.
Appellant was convicted of aggravated assault under the count of the information which alleged that he did go into the house of a private family, to wit, the house of Harvey Kirkpatrick, and there commit an aggravated assault and battery on said Harvey Kirkpatrick. His punishment was assessed at a fine of $1,000 and two years in jail.
Art. 1147, P.C., Sec. 3, Vernon's Ann.P. C. art. 1147(3), provides that an assault and battery becomes aggravated...
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