BELCHER, Commissioner.
Upon an information and complaint alleging that appellant, being a person of robust health and strength, committed an assault upon W. M. Johnson, who was decrepit, appellant was found guilty of aggravated assault; and his punishment was assessed at one month in jail and a fine of $100.
All of the testimony relied upon to establish the allegation that Mr. Johnson was decrepit may be summarized as follows:
He was 65 years of age...
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