Halsell v. State
Court of Appeals of Texas
Appeal from the County Court of Clay. Tried below before Hon. B. F. Turner, County Judge. The conviction in this case was for an aggravated assault and battery upon the person of J. T. Fields, the infliction of serious bodily injury being the aggravation alleged.
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Appeal from the County Court of Clay. Tried below before Hon. B. F. Turner, County Judge. The conviction in this case was for an aggravated assault and battery upon the person of J. T. Fields, the infliction of serious bodily injury being the aggravation alleged. The penalty assessed against the appellant was a fine of $200. J. T. Fields testified for the State, in substance, that on the day alleged in the indictment he went to the defendant’s ranch to execute and deliver a promissory note for a certain sum of money he owed the 'defendant. He found the defendant and several others in the cow…
1Opinion of the Court
WILLSON, Judge.
This conviction is for an aggravated assault and battery, the ground of aggravation alleged being that serious bodily injury was inflicted upon the person assaulted.
Defendant made an application for a change of venue, which application was refused. There is no provision of law which authorizes a change of venue in a misdemeanor case, and the application was properly overruled.
The conviction is not warranted by the evidence, because the evidence shows that the injury inflicted upon the assaulted person was not serious within the meaning of that word as used m the statute. George…
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