Legal Opinion

Kees v. State

Court of Criminal Appeals of Texas

Decided March 4, 1903No. 2536PublishedCited by 2 opinions

The essential facts as to the difficulty are sufficiently stated in the opinion.

1Opinion of the Court

HENDEBSON, Judge.

Appellant was convicted of aggravated assault, and his punishment assessed at a "fine of $25; hence this appeal.

The Assistant Attornéy-General has filed a motion to dismiss this appeal because of alleged defects in the recognizance: First. Because the recognizance does not recite that appellant was convicted of a misdemeanor, and the recitation that he was convicted of an “aggravated assault” is not a compliance with the statutes. We hold that aggravated assault (the same being a misdemeanor) is equivalent to a recitation that appellant was convicted of a misdemeanor, and the…

2Cases cited1 opinion

  1. Thompson v. StateCourt of Criminal Appeals of Texas · 1896

3Cited by2 opinions

  1. Gray v. StateCourt of Criminal Appeals of Texas · 1917
  2. Hannon v. StateCourt of Criminal Appeals of Texas · 1903

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