Hays v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Eains. Tried below before Hon. W. H. Teague, County Judge. The prosecution was by information which charged an aggravated assault with a deadly weapon. At the trial defendant was found guilty and a fine of $10 was assessed against him; but neither the verdict nor judgment specify whether he was convicted of a simple or an aggravated assault. The verdict is set out in the opinion below.
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Appeal from the County Court of Eains. Tried below before Hon. W. H. Teague, County Judge. The prosecution was by information which charged an aggravated assault with a deadly weapon. At the trial defendant was found guilty and a fine of $10 was assessed against him; but neither the verdict nor judgment specify whether he was convicted of a simple or an aggravated assault. The verdict is set out in the opinion below. There is no charge of the court nor statement of facts in the record. No briefs on file.
1Opinion of the Court
• DAVIDSON, Judge.
The charge contained in the information was .aggravated assault. The verdict reads as follows, to wit: “We the jury find the defendant guilty, and assess his fine at $10.” It is contended the verdict is too indefinite and uncertain to form the basis of .a judgment. We are of opinion the contention is correct. Where •the offense charged consists of degrees, the jury should at least state -in their verdict the degree of which they find the accused guilty. Aggravated assaults include simple assaults. The fine for aggravated assault can not be less than $25, and the punishment…
2Cited by9 opinions
- State v. LloydWisconsin Supreme Court · 1913
- State v. WoodrowWest Virginia Supreme Court · 1905
- Moody v. StateCourt of Criminal Appeals of Texas · 1907
- Scott v. StateCourt of Criminal Appeals of Texas · 1910
- Bryant v. StateCourt of Criminal Appeals of Texas · 1908
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