George v. State
Court of Appeals of Texas
Appeal from the County Court of Delta. Tried below before the Hon. C. S. Nidever, County Judge. The opinion indicates the material features of this case. It was in proof that the appellant was about eighteen years old, and the injured female testified that, against her will, and soliciting a sexual embrace, he seized her around the neck. She got awray from him, and told him she would knock him down with a club if he touched her again.
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Appeal from the County Court of Delta. Tried below before the Hon. C. S. Nidever, County Judge. The opinion indicates the material features of this case. It was in proof that the appellant was about eighteen years old, and the injured female testified that, against her will, and soliciting a sexual embrace, he seized her around the neck. She got awray from him, and told him she would knock him down with a club if he touched her again. A fine of $150 was the penalty assessed against him.
1Opinion of the CourtWhite, P. J.
The offense charged in the information was an assault committed by an adult male upon a female. The evidence showed defendant to be of the age of eighteen years. At the instance of the county attorney a special instruction was given in the following language: “That the term ‘adult male,’as used in the information, does not necessarily mean a person twenty-one years old, but means a male person who is grown in the common acceptance of the term.” This instruction is in direct conflict with the rule laid down in Schenault v. State, 10 Texas Ct. App. 410, wherein it was held that “the word…
2Cases cited2 opinions
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