Lee v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Taylor. Tried below before Hon. D. G. Hill, County Judge. This appeal is from a conviction for aggravated assault, wherein the punishment was assessed at a fine of $25. In compliance with the instructions of Presiding Judge Hurt, we give the testimony of the following witnesses, as embracing or proving all the essential facts on the trial: Allen Middleton testified: “ I am the Allen Middleton named in the complaint and information.
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Appeal from the County Court of Taylor. Tried below before Hon. D. G. Hill, County Judge. This appeal is from a conviction for aggravated assault, wherein the punishment was assessed at a fine of $25. In compliance with the instructions of Presiding Judge Hurt, we give the testimony of the following witnesses, as embracing or proving all the essential facts on the trial: Allen Middleton testified: “ I am the Allen Middleton named in the complaint and information. About April 18,1894, and on the day prior to making the complaint in this cause, Bob Walls and I were together in my pasture. We…
1Opinion of the Court
HURT, Presiding Judge.
This is a conviction for aggravated assault with a gun—a deadly weapon.
Do the facts show an assault? is the only question presented for discussion. The court submitted to the jury the following: “The use of any dangerous weapon or the semblance thereof, in an angry or threatening manner, with intent to alarm another, and under circumstances calculated to effect that object, comes within the meaning of an assault.” But, in connection with this provision of the statute, the court instructed the jury, that such an assault would be “simple assault.” The jury convicted…
2Cases cited1 opinion
- Lawson v. StateSupreme Court of Alabama · 1857
3Cited by2 opinions
- Fuller v. StateCourt of Criminal Appeals of Texas · 1903
- Keith v. StateCourt of Criminal Appeals of Texas · 1921