
    MITCHELL v. STATE.
    (Court of Criminal Appeals of Texas.
    June 18, 1913.)
    Ckiminal Law (| 1094) — Appeai>-Record.
    A conviction, though based on conflicting evidence, must be affirmed, where there were no bills of exception and there was no complaint of the charges given,, and no charges were requested.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2807, 3204; Dee. Dig. § 1094.]
    Appeal from District Court, Armstrong County; James N. Browning, Judge.
    T. S. Mitchell was convicted of aggravated assault, and be appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for tbe 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 indicted by tbe grand jury of Potter county charged with assault to murder. Tbe venue was changed to Armstrong county, and when tried appellant was convicted of aggravated assault, and his punishment assessed at a fine of $500 and imprisonment in tbe county jail for one year.

Tbe evidence is uncontradicted that appellant shot at one W. E. Brown three times, be claiming that Brown bad killed bis brother, and, when. be first saw Brown, Brown threw bis band to bis hip pocket like he was going to draw a pistol, when be, appellant, fired, and continued to shoot until Brown got out of sight. Tbe court not only charged tbe jury on assault to murder and aggravated assault, but submitted tbe issue of self-defense in a way not complained of by appellant.

While tbe evidence was conflicting, tbe testimony offered in behalf of tbe state will support tbe verdict; and there being no bills of exception and no charges requested, and no complaint of the charge as given, tbe judgment will be affirmed.  