Thompson v. State
Court of Criminal Appeals of Texas
The appellant interposed the plea of former conviction, and the said plea on its face showed, (1) a certified copy of a valid complaint, filed in the Mayors Court of the town of Gorman, charging the appellant with an affray with the prosecuting witness, Joe Ferguson, on the 31st day of December, 1903, in the town of Gorman, (3) a certified copy of a valid judgment, in due and legal form, convicting the appellant of an, affray, in the Mayors Court of the town of Gorman, and…
Read the full summary
The appellant interposed the plea of former conviction, and the said plea on its face showed, (1) a certified copy of a valid complaint, filed in the Mayors Court of the town of Gorman, charging the appellant with an affray with the prosecuting witness, Joe Ferguson, on the 31st day of December, 1903, in the town of Gorman, (3) a certified copy of a valid judgment, in due and legal form, convicting the appellant of an, affray, in the Mayors Court of the town of Gorman, and the said judgment bears date of December 31st, 1903, and the said plea further showed, (3) that the offense, for which…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Under a charge of aggravated assault, appellant was convicted of simple assault, and fined $10. Appellant interposed a plea of former jeopardy, in which it was alleged that on the same facts and identical case, appellant was tried and convicted in the Mayors Court of the town of Gorman; that there was a trial, in which the city attorney represented the prosecution, which resulted in conviction for an affray. Without discussing the pleading setting up former jeopardy, suffice it to say, that it is sufficient on its face, alleging the identity of the case with the one…
2Cases cited1 opinion
- Roebuck v. StateCourt of Criminal Appeals of Texas · 1899