Boatmeyer v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Dallas. Tried below before Hon. E. G. Bower, County Judge. Appellant was prosecuted by information in the lower court for aggravated assault and battery, committed by him upon one John Annen, with a pistol, a deadly weapon. At the trial he was convicted by the court, a jury having been waived, his punishment being assessed at a fine of $250 and costs, for which judgment was rendered. It is unnecessary to make a statement of facts in the case.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of aggravated assault and battery, and his punishment assessed at a fine of $250 and six months imprisonment in the county jail.
When the case was called for trial, the witnesses were placed under the rule.. During the trial it became necessary and of material interest to his defense for defendant to have the testimony of the assistant county attorney, Lemon, before the jury, and to this end offered him as a witness. He was rejected as a witness, because he had not been under the rule. Usually the legal discretion of a court exercised during a trial in…
2Cases cited1 opinion
- Sherwood v. StateTexas Supreme Court · 1874
3Cited by8 opinions
- Corbett v. StateCourt of Criminal Appeals of Texas · 1973
- Jackson v. StateCourt of Criminal Appeals of Texas · 1908
- Dominguez v. StateCourt of Criminal Appeals of Texas · 1955
- Carlile v. StateCourt of Criminal Appeals of Texas · 1970
- Rasberry v. StateCourt of Criminal Appeals of Oklahoma · 1909
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