OPINION
DALLY, Commissioner.
This is an appeal from a conviction for the offense of assault with a prohibited weapon (Art. 1151, V.A.P.C., 1925); the punishment is imprisonment for 5 years. The imposition of sentence was suspended and the appellant was granted probation.
The appellant complains of the court's charge; he asserts that it permitted the jury to convict him on a theory not supported by the evidence. We agree that the court's charge was...
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