Waldon v. State
Court of Criminal Appeals of Texas
Appellant was tried upon an indictment charging him with assault with intent to murder Len Porter. He was convicted of an aggravated assault, his punishment being assessed at a fine of $300. The parties engaged in the occurrence out of which this prosecution arose were negroes, and the difficulty occurred at a church festival. The opinion sufficiently states the case.
1Opinion of the Court
HURT, Presiding Judge.
Appellant,under an indictment charging him with assault with intent to murder, was convicted of aggravated assault and battery. The court submitted a charge upon the theory of mutual combat between the parties. This was promptly excepted to, and a bill of exceptions reserved. If the testimony of Len Porter, the assaulted party, and that of the other witnesses for the State be true, appellant was guilty of an unprovoked and wanton assault upon said Porter, with the intent to murder him. If, on the contrary, the evidencé for the defense is to be credited, the appellant, in…
2Cited by6 opinions
- Stringfellow v. StateCourt of Criminal Appeals of Texas · 1901
- Stroud v. StateCourt of Criminal Appeals of Texas · 1929
- Carson v. StateCourt of Criminal Appeals of Texas · 1921
- Cotton v. StateCourt of Criminal Appeals of Texas · 1919
- Stroud v. StateCourt of Criminal Appeals of Texas · 1929
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