Moore v. State
Court of Appeals of Texas
Appeal from the County Court of Travis. Tried below before the Hon. Z. T. Fulmore, county judge. The conviction in this case was for an aggravated assault and battery upon the person of Thomas Riley, in Travis county, Texas, on the sixteenth day of July, 1886. The penalty assessed against the appellant was a fine of three hundred dollars, and confinement in the county jail for the period of one year.
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Appeal from the County Court of Travis. Tried below before the Hon. Z. T. Fulmore, county judge. The conviction in this case was for an aggravated assault and battery upon the person of Thomas Riley, in Travis county, Texas, on the sixteenth day of July, 1886. The penalty assessed against the appellant was a fine of three hundred dollars, and confinement in the county jail for the period of one year. The question upon which this appeal is disposed of renders a statement of the facts unnecessary.
1Opinion of the Court
White, Presiding Judge.
This prosecution, which was fora *118misdemeanor—an aggravated assault and battery—was by information filed in the county court.
When the case was called for trial the following proceedings were had:
1. The defendant plead guilty, waived a jury, and asked the court to assess the punishment with or without evidence, as the court in its discretion saw proper.
2. The State objected to this movement and called for a jury.
3. Defendant insisted on his right to plead guilty, and claimed that it was his legal right on this plea to have the punishment assessed by the court.
4. The court…
2Cases cited4 opinions
- Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
- Ross v. IrvingIllinois Supreme Court · 1852
- Price v. StateSupreme Court of Georgia · 1881
- Langbein v. StateTexas Supreme Court · 1873
3Cited by13 opinions
- People v. SpegalIllinois Supreme Court · 1955
- People v. BrisbinSupreme Court of Colorado · 1971
- In re KinselSupreme Court of Kansas · 1902
- Grady v. StateCourt of Criminal Appeals of Texas · 1931
- Ex parte JonesCourt of Criminal Appeals of Texas · 1965
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