TONCHE v. STATE

No. 29005.

302 S.W.2d 433 (1957)

Manuel TONCHE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 29, 1957.


Attorney(s) appearing for the Case

Simon Y. Rodriguez, Crystal City, for appellant.

G. Curtis Jackson, County Atty., Crystal City, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

In a trial before the court on a plea of not guilty, appellant was adjudged guilty of an aggravated assault and assessed a fine of $50.

The grounds of aggravation alleged in the complaint and information were that the assault was made "wilfully, with premeditated design and by the use of means calculated to inflict great bodily injury, towit: by the use of rocks."

Anastacio Rivera, the injured party, testified that he had a fight with...

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