Hall v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Greer. Tried below before Hon. Charles M. Thacker, County Judge. Appellant was prosecuted by information for aggravated assault, and upon trial was convicted, his punishment being assessed at a fine of $5. A motion was made to quash the affidavit or complaint upon which the information was based, because affiant had not stated positively that the assault had been committed, but had only sworn that “ he had good reason to believe, and does…
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Appeal from the County Court of Greer. Tried below before Hon. Charles M. Thacker, County Judge. Appellant was prosecuted by information for aggravated assault, and upon trial was convicted, his punishment being assessed at a fine of $5. A motion was made to quash the affidavit or complaint upon which the information was based, because affiant had not stated positively that the assault had been committed, but had only sworn that “ he had good reason to believe, and does believe,” that said assault was committed. This motion to quash was overruled. There is no statement of facts or bill of…
1Opinion of the Court
DAVIDSON, Judge.
The complaint upon which the information is predicated, states that the affiant “ has good reason to believe, and does believe,” the defendant committed the offense charged.
It is urged that this does not sufficiently charge that an offense has been committed. The point is not well taken. Brown v. The State, 11 Texas Cr. App., 451; Clark v. The State, 23 Texas Cr. App., 260.
In repeating the name of George Manes, the alleged assaulted party, the name George is written Georg, omitting the final letter e from the termination of the name, and this is made a ground of the motion to…
2Cited by4 opinions
- Dupree v. StateTexas Supreme Court · 1909
- Pye v. StateCourt of Criminal Appeals of Texas · 1912
- Fricks v. StateCourt of Criminal Appeals of Texas · 1910
- Ex Parte J.J. RossCourt of Criminal Appeals of Texas · 1924