Johnson v. State
Texas Supreme Court
Appeal from Collin. Tried below before the Hon. R. L. Waddill. The defendant, being indicted for an assault on one “ James L. Read, then and there being an officer in the lawful discharge of his-duty,” moved in the court below that the words of aggravation be struck out; upon which motion it does not appear that any judgment was rendered. Hor does it appear that the defendant entered into- a recognizance upon the appeal.
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Appeal from Collin. Tried below before the Hon. R. L. Waddill. The defendant, being indicted for an assault on one “ James L. Read, then and there being an officer in the lawful discharge of his-duty,” moved in the court below that the words of aggravation be struck out; upon which motion it does not appear that any judgment was rendered. Hor does it appear that the defendant entered into- a recognizance upon the appeal. The court below charged the jury—“ If the jury believe from the evidence- that Johnson assaulted Read while Read was acting as constable, and that Johnson knew at the time he…
1Opinion of the CourtBell, J.
The motion which has been submitted for a writ of certiorari to bring up a more perfect record, 'is insufficient, because-it does not clearly show that the appellant entered into recognizance in the court below, or that there was any judgment of the-court below upon the motion to strike out the charge of aggravation from the indictment. The case must therefore be dismissed for want of a recognizance.
It is proper however to say that the indictment does not purport to be an indictment for an aggravated assault, and is not necessarily to be considered as such, although it is plain from the…
2Cited by7 opinions
- State v. McGaheyNorth Dakota Supreme Court · 1904
- Payne v. StateCourt of Criminal Appeals of Texas · 1980
- Bennett v. StateCourt of Criminal Appeals of Texas · 1917
- State v. PhippsMissouri Court of Appeals · 1889
- State v. KarnesMissouri Court of Appeals · 1892
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