Bennett v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Wilbarger. Tried below before Hon. James R. Tolbut, County Judge. This prosecution was instituted by complaint in a Justice’s Court, which charged appellant with fighting together with one A. J. Card in a public place. He was convicted in the Justice’s Court of an affray, and fined one cent. He appealed to the County Court. In the County Court, his appeal was on motion dismissed. From that judgment he attempts to prosecute this appeal.
Read the full summary
Appeal from the County Court of Wilbarger. Tried below before Hon. James R. Tolbut, County Judge. This prosecution was instituted by complaint in a Justice’s Court, which charged appellant with fighting together with one A. J. Card in a public place. He was convicted in the Justice’s Court of an affray, and fined one cent. He appealed to the County Court. In the County Court, his appeal was on motion dismissed. From that judgment he attempts to prosecute this appeal. The Assistant Attorney-General moved to dismiss the appeal because the recognizance does not correctly describe the judgment.…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted in the Justice’s Court of an affray, and fined one cent. He prosecuted an appeal to the County Court, and upon motion of the District Attorney his appeal was dismissed, and notice of appeal given to this court from said dismissal. The recognizance recites that defendant “stands charged in this court with the offense of an affray, as follows: On the 16th day of June, 1896, in the County of Wilbarger, State of Texas, one J. M. Bennett did then and there fight together with A. J. Card in a public place, to-wit: a place near the private residence of A. J.…
2Cited by1 opinion
- Horton v. StateCourt of Criminal Appeals of Texas · 1902