OPINION
ROBERTS, Judge.
In a unitary trial before a jury, the appellant was convicted, under Article 1149 of our former Penal Code, of aggravated assault with a motor vehicle done "in the performance of an unlawful act ... such as would give justification for civil action for damages." Punishment was assessed at $50.00 and ninety days, probated.
The record reflects that the complainant Cynthia Redman was riding a motorbike on Highway 16 near Bandera...
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