Dickenson v. State
Court of Appeals of Texas
Appeal from the District Court of Camp. Tried below before the Hon. W. P. McLean. The indictment in this case charged the appellant with an aggravated assault and battery upon the persons of Annie Watts, Hora Gibson and Ollie Holt, females. The conviction was for simple assault, and the penalty assessed was a fine of five dollars. Mrs. Watts was the first witness for the State.
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Appeal from the District Court of Camp. Tried below before the Hon. W. P. McLean. The indictment in this case charged the appellant with an aggravated assault and battery upon the persons of Annie Watts, Hora Gibson and Ollie Holt, females. The conviction was for simple assault, and the penalty assessed was a fine of five dollars. Mrs. Watts was the first witness for the State. She testified, in substance, that she and her sister, Mrs. Gibson, and their little neice, Ollie Holt, went to church in a buggy, in Leesburg, Camp county, Texas, on the night of July 11, 1886. They started home in…
1Opinion of the Court
Willson, Judge.
A jury was waived by the defendant and the cause submitted upon the facts to the judge, who found the defendant guilty of a simple assault. In our opinion the evidence does not support the finding of the judge. ' On the contrary, the evidence shows that defendant’s horse became unmanageable, not subject to his control, ran away with him, ran against and upset the buggy in which were the ladies and the child, and thus caused the injuries for the infliction of which he has been convicted. To our minds the facts clearly show that the upsetting of the buggy was an act done by…
2Cited by2 opinions
- Alford v. StateCourt of Criminal Appeals of Texas · 1993
- Alford v. StateCourt of Criminal Appeals of Texas · 1993