Donaldson v. State
Court of Appeals of Texas
Appeal, from the County Court of Lamar; - Tried below before the Hon. W. S. Moore, Comity Judge. The conviction was for an assault and battery upon the person of one Bama Jeffries, a female, in Lamar county, Texas, on July 15, 1880. The fine imposed was $25. The prosecutrix testified that she had no personal acquaintance with the defendant. On the day that the offense is alleged to have been committed the defendant drove up to her house in a buggy.
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Appeal, from the County Court of Lamar; - Tried below before the Hon. W. S. Moore, Comity Judge. The conviction was for an assault and battery upon the person of one Bama Jeffries, a female, in Lamar county, Texas, on July 15, 1880. The fine imposed was $25. The prosecutrix testified that she had no personal acquaintance with the defendant. On the day that the offense is alleged to have been committed the defendant drove up to her house in a buggy. The witness, at that time, was at the house of a neighbor, but under the impression that the defendant was her brother she returned to her house…
1Opinion of the CourtHurt, J.
The appellant was tried and convicted of an aggravated assault and battery, charged to have been *312made upon one Bama Jeffries, a female. In order to present clearly the point raised in the record, it is necessary to name the constituent elements of an assault and battery.
The use of any unlawful violence upon the person of another, with the intent to injure, is an assault and battery. From this, two acts must concur, one physical and the other mental,-—-the act and the accompanying intent. There must be a physical act done by the assailant, which takes effect upon the person of the party…
2Cases cited4 opinions
- People v. MatherNew York Supreme Court · 1830
- People v. RectorNew York Supreme Court · 1838
- Floyd v. StateTexas Supreme Court · 1851
- People v. LohmanNew York Supreme Court · 1848
3Cited by1 opinion
- Ulrich v. SchwarzWisconsin Supreme Court · 1929