Lee v. State
Court of Criminal Appeals of Texas
The information charged appellant with an aggravated assault upon W. F. Cox with a knife, a deadly weapon. Both aggravated and simple assault were submitted tó the jury, and their verdict was a general one assessing a punishment of $25. Ho further statement necessary.
1Opinion of the Court
DAVIDSOH, Presiding Judge.
Appellant was charged by information with aggravated assault. The jury rendered a verdict of guilty, assessing the punishment at a fine of $25. The court submitted the issues of aggravated and simple assault. The verdict is general, and does not specify of which grade of assault appellant was convicted. Article 751, Code of Criminal Procedure, provides: “Where a prosecution is for an offense consisting of different degrees, the jury may find defendant not guilty of the higher degree (naming it) but guilty of any degree inferior to that charged in the indictment or…
2Cases cited5 opinions
- Slaughter v. StateTexas Supreme Court · 1859
- Alston v. StateTexas Supreme Court · 1874
- Hays v. StateCourt of Criminal Appeals of Texas · 1894
- Lomax v. StateCourt of Criminal Appeals of Texas · 1897
- Styles v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by5 opinions
- Moody v. StateCourt of Criminal Appeals of Texas · 1907
- Burton v. StateCourt of Criminal Appeals of Texas · 1911
- Lewis v. StateCourt of Criminal Appeals of Texas · 1919
- Nunnally v. StateCourt of Criminal Appeals of Texas · 1921
- Lewis v. StateCourt of Criminal Appeals of Texas · 1919