Stephenson v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Grayson. Tried below before Hon. T. J. Brown. Appellant was. indicted for assault with intent to murder one Joe Phillips. At bis trial be was convicted of aggravated assault and battery, bis punishment being assessed at a fine of $100. Tbe main facts are concisely but sufficiently stated in tbe opinion.
Read the full summary
Appeal from tbe District Court of Grayson. Tried below before Hon. T. J. Brown. Appellant was. indicted for assault with intent to murder one Joe Phillips. At bis trial be was convicted of aggravated assault and battery, bis punishment being assessed at a fine of $100. Tbe main facts are concisely but sufficiently stated in tbe opinion. A conviction for aggravated assault, committed by tbe use of a deadly weapon, is not supported by evidence that fails to show tbe deadly character of such weapon in tbe manner of its use. Key v. Tbe State, 12 Texas Crim. App., 512; Miles v. Tbe State, 23 Texas…
1Opinion of the Court
ON MOTION FOB. BEHEABING.
SIMKINS, Judge.
Appellant moves for a rebearing on tbe ground of tbe insufficiency of tbe evidence to sustain a conviction for an aggravated assault. A re-examination satisfies us that tbe motion should be granted. Tbe record shows that appellant struck Phillips on tbe side of tbe bead with tbe pistol; that tbe pistol fired accidentally at tbe time of tbe blow, catting out a piece of Phillips’ ear, and slightly powder-burning bis face. Tbe record fails to show tbe size or weight of tbe pistol, or that any injury was inflicted on Phillips from its use as a bludgeon,…
2Cited by5 opinions
- Thomas v. StateCourt of Criminal Appeals of Texas · 1991
- Commonwealth v. HeathCourt of Appeals of Kentucky · 1896
- Hilliard v. StateCourt of Criminal Appeals of Texas · 1920
- Smith v. StateCourt of Criminal Appeals of Texas · 1911
- Hamilton v. StateCourt of Criminal Appeals of Texas · 1910