Legal Opinion

Harris v. State

Court of Criminal Appeals of Texas

Decided May 27, 1918No. 4573PublishedCited by 4 opinions

Appeal from the County Court of Law Ho. 2 of Harris. Tried, below before the Hon. Murray B. Jones. Appeal from a conviction of aggravated assault; penalty, a fine of twenty-five dollars.

1Opinion of the Court

MORROW, Judge.

The conviction was for aggravated assault, the punishment a fine of $25. The sole question is the sufficiency of the evidence;

The appellant was a teacher in one of the public schools of Houston and the alleged injured party was one of the pupils in the school. That appellant gave Max Larrieu, a hoy between thirteen and fourteen years of age, a whipping is not denied, hut it is claimed to be justified under article 1014, P. C., which permits the exercise of moderate restriction and correction of a pupil by the teacher.

The hoy, according to the testimony of appellant, had been…

2Cases cited5 opinions

  1. Butler v. StateCourt of Criminal Appeals of Texas · 1894
  2. Kinnard v. StateCourt of Criminal Appeals of Texas · 1895
  3. Stephens v. StateCourt of Criminal Appeals of Texas · 1902
  4. Ely v. StateCourt of Criminal Appeals of Texas · 1912
  5. Whitley v. StateCourt of Criminal Appeals of Texas · 1894

3Cited by4 opinions

  1. Moore v. Willis Independent School DistrictCourt of Appeals for the Fifth Circuit · 2000
  2. James Woodard, Guardian of Rayellea Woodard, a Child v. Los Fresnos Independent School DistrictCourt of Appeals for the Fifth Circuit · 1984
  3. Gibson v. StateCourt of Criminal Appeals of Texas · 1918
  4. Moore v. Willis Independent School DistrictCourt of Appeals for the Fifth Circuit · 2000

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