Browning v. State
Court of Appeals of Texas
Appeal from the County Court of Ellis. Tried below before the Hon. J. D. Templeton, County Judge. The opinion sets out so much of the indictment as involves the question decided.
1Opinion of the CourtEctor, P. J.
In this case Clayton, James, and Smither Browning were jointly indicted for an aggravated assault and battery upon Andrew Thompson. There was a severance ; Smither Browning was tried, convicted, and did not appeal. Afterwards the other two, James and Clayton Browning, were tried and convicted of an aggravated assault, were fined $250 each, and they have appealed to this court.
The only question in this case is as to whether the indictment is sufficient to charge an aggravated assault. The charging part of the indictment is as follows : “ That one Clayton Browning, and one Smither Browning, and…
2Cases cited4 opinions
- Martin v. StateTexas Supreme Court · 1874
- Bittick v. StateTexas Supreme Court · 1874
- State v. HaysTexas Supreme Court · 1874
- State v. HartmanTexas Supreme Court · 1874