Hastings v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Hopkins. Tried below before Hon. J. M. Morris, County Judge. Appellant was charged, by information, with an aggravated assault made upon one Bye Millhollon with a knife. At his trial he was convicted of said offense, and his punishment assessed at a fine of $50. As shown by the record, the testimony, in substance, is: That defendant and Millhollon were hack-drivers.
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Appeal from the County Court of Hopkins. Tried below before Hon. J. M. Morris, County Judge. Appellant was charged, by information, with an aggravated assault made upon one Bye Millhollon with a knife. At his trial he was convicted of said offense, and his punishment assessed at a fine of $50. As shown by the record, the testimony, in substance, is: That defendant and Millhollon were hack-drivers. A dispute arose between them at the depot, the defendant having charged Millhollon with acting unfairly and in violation of an agreement, by going on the train of cars to solicit or drum passengers…
1Opinion of the Court
DAVIDSON, Judge.
This conviction was for aggravated assault and battery.
Appellant sought to continue the cause for the testimony of an alleged absent witness, by whom he expected to prove facts tending to show that he acted in self-defense. The statement of facts places it beyond question that the fight was voluntarily entered into by the combatants, both using their carriage whips, and that appellant also resorted to the use of his knife, which he freely used upon his adversary, cutting him several times. The evidence set out in the application is not probably true. The testimony found in the…
2Cited by4 opinions
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