Moore v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Zavala. Tried below before Hon. 0. A. Mills. Appeal from a conviction of simple assault; penalty, a fine of $5. The following statement is taken from appellant’s brief and is substantially correct: At the December term, 1903, of the District Court of Zavala County, the grand jury appears to have found a true bill of indictment against the defendant in this case, charging him with the offense of aggravated assault.
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Appeal from the County Court of Zavala. Tried below before Hon. 0. A. Mills. Appeal from a conviction of simple assault; penalty, a fine of $5. The following statement is taken from appellant’s brief and is substantially correct: At the December term, 1903, of the District Court of Zavala County, the grand jury appears to have found a true bill of indictment against the defendant in this case, charging him with the offense of aggravated assault. Said indictment appears to have been filed in 'said district court on the 10th day of December, 1903. According to the two transcripts of the order…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of a simple assuali, and his punishment assessed at a fine of $5; hence this appeal. This prosecution was on an indictment transfered from the District Court of Zavala County to the county court, the indictment being for an aggravated assault. Appellant made a motion to quash and dismiss the case in the county court because, as he alleged, the indictment was not regularly presented in the district court; that no order was entered during the term of said district court showing the presentation of said indictment therein. The evidence elicited on this…
2Cases cited2 opinions
- Ex Parte EllisCourt of Criminal Appeals of Texas · 1897
- Ewing v. HendersonTexas Supreme Court · 1872