Floyd v. State
Court of Appeals of Texas
Appeal from the County Court of Parker. Tried below before Hon. I. N. Roach, County Judge. The conviction was for an aggravated assault and battery upon A. O. Forehand, a female. The penalty assessed was a fine of $25. Mrs. A. O. Phillips, nee Forehand, the alleged injured female, testified for the State, in substance, that having passed the night of January 17, 1889, at the house of her uncle, Berry Baker, she started to return to her home on the morning of the 18th.
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Appeal from the County Court of Parker. Tried below before Hon. I. N. Roach, County Judge. The conviction was for an aggravated assault and battery upon A. O. Forehand, a female. The penalty assessed was a fine of $25. Mrs. A. O. Phillips, nee Forehand, the alleged injured female, testified for the State, in substance, that having passed the night of January 17, 1889, at the house of her uncle, Berry Baker, she started to return to her home on the morning of the 18th. The, defendant, who came to Baker’s house on that morning, attended the witness as her escort. Reaching a creek on the route,…
1Opinion of the Court
HURT, Judge.
This is a conviction for aggravated assault and battery.
The conviction can be sustained alone upon the truth of one fact, which is that the appellant intended to injure the feelings'of the proser cutrix, then Miss A. O. Forehand, who has since married Mr. William Phillips. She says that appellant took hold of and threw her on the ground, pulled up her clothes, and made indecent proposals to her, which were rejected, she saying to him,'“Quit, I will not do it.”
The use of any unlawful violence upon the person of another, with intent to injure, is an assault and battery. Two things…
2Cited by5 opinions
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