Price v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for aggravated assault upon a female, the punishment assessed being a fine of $25, and sixty days’ imprisonment in the county jail. The charging part of the information will be found copied in the opinion.
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This appeal is from a conviction for aggravated assault upon a female, the punishment assessed being a fine of $25, and sixty days’ imprisonment in the county jail. The charging part of the information will be found copied in the opinion. The facts connected with the assault are shown in the testimony of the prosecutrix, as follows: “My name is Alice Hill; I live near Whitt, in Parker County, Texas; I was fifteen years old last March; I have known the defendant, Rube Price, about six years; was at the Rock School House, near Whitt, Texas, on the night of May 31st, 1895, attending writing…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of an aggravated assault and battery, and his punishment assessed at sixty days in the county jail and a fine of §25, and from the judgment of the lower court he prosecutes this appeal. A number of errors are assigned. We will only notice such as are likely to occur on another trial of the case. What the prosecutrix may have said to her mother when she reached the house, if admissible, was only admissible as a part of the res gestse of the alleged assault. If it was so closely connected in point of time, and the declarations were spontaneous, and sprang…
2Cited by10 opinions
- Conger v. StateCourt of Criminal Appeals of Texas · 1911
- Rhea v. StateSupreme Court of Arkansas · 1912
- Collins v. StateCourt of Criminal Appeals of Texas · 1915
- Davis v. StateAlabama Court of Appeals · 1913
- Mack v. StateSupreme Court of Florida · 1907
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