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McELROY v. STATE

No. 49956.

528 S.W.2d 831 (1975)

Maurice McELROY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 15, 1975.

Second Rehearing Denied November 12, 1975.

Attorney(s) appearing for the Case

McMillan & Lewellan, Stephenville, for appellant.

Bob Glasgow, Dist. Atty., Stephenville, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

BROWN, Commissioner.

The conviction is for aggravated assault under the new penal code; the punishment, assessed by the jury, two (2) years' imprisonment.

Appellant and four companions were in an apartment complex parking lot, sitting on the back of a pickup, drinking. David Hale arrived and appellant and two companions got in Hale's car. Gary Eoff approached the car with the drinks and ice and asked Hale where he wanted them. Appellant said...

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