The offense is aggravated assault with a motor vehicle; the punishment, thirty days in jail and a fine of $250.

The record is in the same condition as Tex.Cr.App., 320 S.W.2d 825.

For the reasons therein stated, and upon-the authorities therein cited, the appeal is-dismissed.

(dissenting).

I dissent to the dismissal of the appeal in this case for the reasons stated in the dissenting opinion in Brinkley v. State, Tex.Cr.App., 320 S.W.2d 855.