Foster v. State
Court of Appeals of Texas
Appeal from the County Court of Haskell. Tried below before the Hon. C. J. Chapman, County Judge. The conviction was for simple assault, and the penalty assessed was a fine of twenty-five dollars, The one witness who testified to any overt act of the defendant stated that he saw Ruble Bowman, a child of six years of age, driving a cow through a lane towards the defendant’s house.
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Appeal from the County Court of Haskell. Tried below before the Hon. C. J. Chapman, County Judge. The conviction was for simple assault, and the penalty assessed was a fine of twenty-five dollars, The one witness who testified to any overt act of the defendant stated that he saw Ruble Bowman, a child of six years of age, driving a cow through a lane towards the defendant’s house. Bowman and the cow were on the east side of the lane, and Una Foster, the defendant’s child, was on the west side. Defendant was going up the lane a short distance behind them. Una Foster screamed, and defendant…
1Opinion of the Court
White, Presiding Judge.
Appellant was indicted for an aggravated assault and battery, the circumstances ‘ alleged for aggravation being that he was an adult male and the party assaulted, a child.
Two trials were had in the county court. On the first, appellant was, by the verdict of the jury, found guilty of a simple assault, and was fined twenty-five dollars. Whether a judgment was entered upon this verdict or not is not shown. But the record shows that, when the case was called a second time for trial, defendant pleaded specially former jeopardy and former conviction. This second trial was…
2Cited by8 opinions
- Irving v. StateCourt of Criminal Appeals of Texas · 2005
- State v. CrossWest Virginia Supreme Court · 1898
- Irving v. StateCourt of Criminal Appeals of Texas · 2005
- Charles Ray Irving v. State, Texas Court of Appeals, 9th District (Beaumont)2003
- Fann v. StateCourt of Criminal Appeals of Texas · 1940
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