State v. Cass
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. M. H. Bonner. Lewis Case was indicted, the charge being that he “ did then and there go into the house of Henry Goodman, the same being then and there the private residence of the said Henry Goodman, and did then and there assault, strike, and beat the said Henry Goodman with intent to injure.” Exceptions to the indictment were sustained, and the District Attorney appealed.
1Opinion of the Court
Moore, Associate Justice.
The indictment in this case is clearly insufficient to charge appellee with an aggravated assault and battery, if that was its purpose. The statute * enumerates nine classes of circumstances under which the commission of an assault and battery becomes aggravated. The fourth of these is, where one “goes into the house of a private family and is there guilty of an assault and battery.” (Pas. Dig., art. 2150.) But this is not the charge made in the indictment in this case. It is that appellee went into the private residence of Henry Goodman, and did then and there…
2Cases cited1 opinion
- State v. AllenTexas Supreme Court · 1867
3Cited by4 opinions
- Ward v. StateCourt of Criminal Appeals of Texas · 1912
- Lessing v. GilbertCourt of Appeals of Texas · 1894
- Blackburn v. State Ex Rel. EcholsCourt of Appeals of Texas · 1934
- Sun Lumber Co. v. Huttig Sash & Door Co.Court of Appeals of Texas · 1931