Mooring v. State
Texas Supreme Court
Appeal from Raines. Tried below before the Hon. Z. Horton. J. E. Mooring was indicted for an aggravated assault upon Peter Bullard “ with a certain knife, the same being a deadly weapon.” The testimony adduced on the trial sufficiently appears in the opinion.
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Appeal from Raines. Tried below before the Hon. Z. Horton. J. E. Mooring was indicted for an aggravated assault upon Peter Bullard “ with a certain knife, the same being a deadly weapon.” The testimony adduced on the trial sufficiently appears in the opinion. The court gave in charge the statutory definition of an assault, and the law as to aggravated assault charged, in the indictment: that it devolved upon the State to prove the material facts, presumption of innocence, reasonable doubt, and as to punishment. Defendant asked no instructions. Defendant was convicted of aggravated assault.…
1Opinion of the Court
Reeves, Associate Justice.
Appellant objects to the charge of the court, because the jury were not instructed upon the law of self-defense and as to the punishment for a simple assault. It is further objected that the court failed to instruct the jury as to the distinction between acts which constitute an assault, when unexplained, and acts which do not amount to an assault, when accompanied by such explanations as show no intention to commit an assault.
The court instructed the jury as to what acts constitute an assault and battery, and the distinction between these offenses, as defined in the…
2Cases cited3 opinions
- O'Connell v. StateTexas Supreme Court · 1857
- Higginbotham v. StateTexas Supreme Court · 1859
- Bell v. StateTexas Supreme Court · 1861
3Cited by6 opinions
- Browning v. StateCourt of Appeals of Texas · 1876
- Foster v. StateCourt of Appeals of Texas · 1876
- Goode v. StateCourt of Appeals of Texas · 1877
- Haynes v. StateCourt of Appeals of Texas · 1877
- Hunt v. StateCourt of Appeals of Texas · 1879
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