
    James I. FINN v. STATE.
    No. 23499.
    Court of Criminal Appeals of Texas.
    Dec. 4, 1946.
    Chris Dixie and King C. Haynie, both of Houston, for appellant.
    A. C. Winborn, Cr. Dist. Atty., and E. T. Branch, Asst. Cr. Dist. Atty., both of Houston, and Ernest S. Goens, State’s Atty., of Austin, for the State.
   DAVIDSON, Judge.

The conviction is for aggravated assault; the punishment, a fine of $25.00 and confinement in jail for thirty days.

This is a companion case to that of Bedford W. Pitts v. State, 197 S.W.2d 1012, this day decided.

The instant complaint is the same as in that case, and there held to be fatally defective.

For the reasons there stated, the judgment of the trial court is reversed and the prosecution ordered dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

BEAUCHAMP, J., did not participate in this decision.  