Scott v. State

ON MOTION FOR REHEARING

DICE, Judge.

We have again examined the record in the light of the state’s motion for rehearing and remain convinced that under the facts presented the use of the open hand by appellant in slapping the child was not with such an instrument as was reasonably calculated to disfigure her and therefore was not with such an instrument as is referred to in Art. 1167, Y.A.P.C. The conclusion reached herein is not in conflict with the opinion in Lee v. State, 66 Texas Cr. Rep. 567, 148 S.W. 567, where it was held that disfiguring by throwing carbolic acid in the face was by…