SUTTON v. STATE

No. 52614.

548 S.W.2d 697 (1977)

Leonard SUTTON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 13, 1977.


Attorney(s) appearing for the Case

W. C. Kirkendall, Seguin, for appellant.

Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

PHILLIPS, Judge.

Appellant was convicted by a jury for aggravated assault under V.T.C.A., Penal Code, Sec. 22.02(a)(2); the court assessed punishment at three years.

The sufficiency of the evidence is not challenged. The record reflects appellant was purchasing chicken at a fast food restaurant in Seguin on July 23, 1975, and that he began cursing at the assistant manager when he was told they...

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