Bolding v. State
Court of Appeals of Texas
Appeal from the District Court of DeWitt. Tried below before the Hon. H. 0. Pleasants. The indictment charged that the appellant, on November 24, .1886, made an assault, with malice aforethought, upon Alex. Murphree, with the intention then and there to kill and murder him. The trial resulted in a conviction for aggravated assault, with the punishment assessed at a fine of twenty-five dollars and a month’s imprisonment in the county jail. Alex.
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Appeal from the District Court of DeWitt. Tried below before the Hon. H. 0. Pleasants. The indictment charged that the appellant, on November 24, .1886, made an assault, with malice aforethought, upon Alex. Murphree, with the intention then and there to kill and murder him. The trial resulted in a conviction for aggravated assault, with the punishment assessed at a fine of twenty-five dollars and a month’s imprisonment in the county jail. Alex. Murphree, for the State, testified that he was a teacher in a public school in DeWitt county, and the defendant was one of his scholars. On Monday,…
1Opinion of the Court
Willson, Judge.
An unbroken line of decisions in this State hold that under an indictment charging an assault with intent to murder, a conviction may be had for an aggravated assault, although no circumstance of aggravation is alleged in the indictment. In Davis v. The State, 20 Texas Court of Appeals, •302, we gave our views at length upon this question, citing the authorities in support of the same. We adhere to the opinion there expressed and so often announced in other cases, both by our Supreme Court and this court.
The law confides to teachers a discretionary power in the infliction of…
2Cases cited1 opinion
- Stanfield v. StateTexas Supreme Court · 1875
3Cited by6 opinions
- People v. . McQuadeNew York Court of Appeals · 1888
- Hogenson v. WilliamsCourt of Appeals of Texas · 1976
- In re McLeodIdaho Supreme Court · 1913
- Burton v. KirbyCourt of Appeals of Texas · 1989
- Black v. TerritoryWyoming Supreme Court · 1890
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