Reed v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Tarrant. Tried below before Hon. M. B. Harris, County Judge. Appeal from a conviction of aggravated assault; penalty, a fine of $25. The information charged that appellant, an adult male, committed an aggravated assault upon Lizzie Biddings, a female, on the 30th of April, 1900. He had started with Lizzie Biddings to go in a buggy to a musical, and, on the road, attempted to take indecent liberties with her person, when she jumped out of the…
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Appeal from the County Court of Tarrant. Tried below before Hon. M. B. Harris, County Judge. Appeal from a conviction of aggravated assault; penalty, a fine of $25. The information charged that appellant, an adult male, committed an aggravated assault upon Lizzie Biddings, a female, on the 30th of April, 1900. He had started with Lizzie Biddings to go in a buggy to a musical, and, on the road, attempted to take indecent liberties with her person, when she jumped out of the buggy and sought refuge in the house of a neighbor, where she spent the night. Defendant introduced witnesses to prove…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was fined $25 under a conviction for aggravated assault. He was tried upon what purports to be a substituted information. The prosecution failed to present a motion' alleging the loss of the information and asking permission to substitute the same. This was necessary. Burrage v. State, 44 S. W. Rep., 169. For collation of authorities, see subdivision 3 of White’s Annotated Code of Criminal Procedure, section 409. Motion for new trial was overruled and recognizance entered into on the 17th of September. In the latter part of October these matters were set…
2Cases cited1 opinion
- Lewis v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by7 opinions
- Alexander v. StateCourt of Criminal Appeals of Texas · 1987
- Murphy v. StateCourt of Criminal Appeals of Texas · 1979
- Carrillo v. StateCourt of Criminal Appeals of Texas · 1999
- Ballard v. StateCourt of Criminal Appeals of Texas · 1913
- Hall v. StateCourt of Criminal Appeals of Texas · 1913
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