Legal Opinion

Scott v. State

Court of Criminal Appeals of Texas

Decided April 10, 1901No. 2077PublishedCited by 20 opinions

Appeal from the County Court of McLennan. Tried below before Hon. J. H. Gallagheb, County Judge. Appeal from a conviction of aggravated assault; penalty, a fine of $25. Appellant was charged by information with an aggravated assault upon Ernest Alexander by cutting him with a razor, a deadly weapon. Ho statement necessary.

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of an aggravated assault, and his punishment assessed at a fine of $25, and prosecutes this appeal.

There are two questions presented for our consideration. Appellant, in his motion for new trial, and by affidavits appended thereto, raises the question of venue, that is, he adopts this mode of insisting that the venue was not proven in the court below. Under article 904, as amended by the Twenty-fifth Legislature (see Acts, 1897, page 11), it is provided that the failure to prove venue in the trial court can only be raised by' a bill of exceptions…

2Cases cited2 opinions

  1. Walters, Jr. v. StateCourt of Criminal Appeals of Texas · 1896
  2. Wilson v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by20 opinions

  1. Lyle v. StateCourt of Criminal Appeals of Texas · 1917
  2. Samuelson v. StateTennessee Supreme Court · 1906
  3. Johnson v. ElliottCourt of Appeals of Texas · 1914
  4. Belcher v. StateCourt of Criminal Appeals of Texas · 1913
  5. Himmelfarb v. StateCourt of Criminal Appeals of Texas · 1915

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