Duke v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Shelby. Tried below before Hon. Tom C. Davis, County Judge. This appeal is from a conviction for aggravated assault and battery by an adult male upon a female, the punishment assessed being a fine of $25. The evidence was. conclusive as to the fact the prosecutrix, Lucy Williams, was whipped on the night of the 11th of September, 1895, between 9 and 10 o’clock P. M. Parties heard her hollowing, and went towards her house, and when they met her…
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Appeal from the County Court of Shelby. Tried below before Hon. Tom C. Davis, County Judge. This appeal is from a conviction for aggravated assault and battery by an adult male upon a female, the punishment assessed being a fine of $25. The evidence was. conclusive as to the fact the prosecutrix, Lucy Williams, was whipped on the night of the 11th of September, 1895, between 9 and 10 o’clock P. M. Parties heard her hollowing, and went towards her house, and when they met her she told them she had been whipped by defendant and another party. Dr. Swearingen, who examined her, the next morning,…
1Opinion of the Court
DAVIDSON, Judge.
This conviction was for an aggravated assault and battery; hence the appeal. This information charges an aggravated assault and battery by an adult male upon a female, and is in every particular sufficient. In testifying to the assault and battery, the prosecutrix was permitted to state the means used in making it, to-wit: a whip and board. Appellant objected to this evidence, because the information had not set forth the means. The objection was properly overruled. We do not desire to discuss this question, the grounds of aggravation being that the assault and battery were…
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