Atterberry v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Hunt. Tried below before Hon. W. H. Ragsdale, County Judge. This appeal is from a conviction under an information which charges appellant with an assault upon one J. T. Cannon, the punishment being assessed by the court, a jury haying been waived, at a fine of $5. The opinion states the facts.
1Opinion of the Court
SIMKINS, Jttdg-e.
Appellant was convicted of an assault, and his punishment assessed at $5, from which he appeals. The case was submitted to the county judge, a jury being waived. He found appellant guilty of assault, as stated. He also filed conclusions of law and fact. In his conclusions of fact he finds: That appellant and a friend passed the prosecutor on the public road. That they stopped and turned back, and appellant, dismounting, walked up to the prosecutor (then on his horse), and holding his knife in one hand, and placing the other on the prosecutor’s leg, said: “I understand you…
2Cited by1 opinion
- Smith v. StateCourt of Criminal Appeals of Texas · 1911