
    ROWLETT v. STATE.
    (Court of Criminal Appeals of Texas.
    May 22, 1912.)
    Assault and Battery (§ 92*) — Prosecution —Sufficiency of Evidence — Aggravated Assault.
    Evidence held to sustain a conviction for aggravated assault.
    [E<1. Note. — Eor other cases, see Assault and Battery, Cent. Dig. §§ 137-139; Dec. Dig'. § 92.*]
    Appeal from McLennan County Court; Tom L. McCullough, Judge.
    A. D. Rowlett was convicted of aggravated assault, and* he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was prosecuted under an information and complaint charging him with an aggravated assault. He was tried, convicted, and his punishment assessed at a fine of $25.

The only grounds in the motion assail the judgment only on the ground that the evidence is insufficient to sustain the verdict, in that it does not show appellant guilty of any higher grade of offense than simple assault. The court submitted both grades of the offense in his charge, and the jury found appellant guilty of the higher grade. The evidence for the state is that appellant Knocked the prosecuting witness down; that witness bled freely, and one witness swears he saw appellant stamp him twice in the face rendering the prosecuting witness unconscious. This evidence, if believed, supports the verdict.

The judgment is affirmed.  