
    BOLT v. STATE.
    (Court of Criminal Appeals of Texas.
    Oct. 16, 1912.)
    Homicide (§ 92) — Assault with Intent to Kill — Threats to Take Life — Statutory Offenses.
    One who made an unprovoked assault on prosecutor, and who, when prevented from again striking prosecutor, made an inconsiderate and harsh remark, did not unlawfully and seriously threaten to take the life of a human being, punishable by Pen. Code 1895, art. 962.
    [Ed. Note. — For other cases, see Homicide, Cent. Dig. § 121; Dec. Dig. § 92.]
    Appeal from Knox County Court; J. H. Milam, Judge.
    Roy Bolt was convicted of crime, and he appeals.
    Reversed and remanded.
    J. S. Kendall, of Benjamin, for appellant. C. E. Lane, Asst Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was prosecuted and convicted of “unlawfully and seriously threatening to take the life of a human being, viz., Grover Rayburn.”

The testimony shows beyond a doubt that appellant made an unlawful and unjustifiable assault on Rayburn, but wholly fails to show a violation of article 962 of the Penal Code. It has been held by this court that a rash, inconsiderate expression, provoked by an angry altercation in which the parties were then engaged, will not constitute the offense. March v. State, 8 Tex. App. 107. The most the testimony shows is that appellant perhaps made an unprovoked assault, and, when prevented from again striking Rayburn, made an inconsiderate and harsh remark.

The judgment is reversed, and the cause is remanded.  