Allen v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Fort Bend. Tried below before Hon. John A. Ballowe, County Judge. Appeal from a conviction for aggravated assault and battery; penalty, a fine of $25. The assault was made by defendant upon his wife, and the evidence shows that he struck her a blow in the face with his hand.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of an aggravated assault and battery, and appeals. The information charges that Jase Allen was an adult male, and that Tena Allen, the assaulted party, was a female, and also charges that appellant struck Tena Allen with his fist. The proof shows that he struck her with his hand, but fails to show whether he struck her with his fist or open hand. Counsel for appellant insists that the proof should show that she was struck with the fist, and proof that she was struck with the hand is not sufficient. We think this hypercritical. Appellant made a motion…