Holliday v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Shelby. Tried below before Hon. Tom C. Davis, County Judge. This appeal is from a conviction for aggravated assault, the punishment being assessed at a fine of $25. The following statement, which is substantially correct, is taken from the brief of counsel for appellant, viz: On Sunday, the 9th day of December, 1894, the appellant (a man) was in charge as watchman, of certain extensive and valuable machinery located upon the mill yard,…
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Appeal from the County Court of Shelby. Tried below before Hon. Tom C. Davis, County Judge. This appeal is from a conviction for aggravated assault, the punishment being assessed at a fine of $25. The following statement, which is substantially correct, is taken from the brief of counsel for appellant, viz: On Sunday, the 9th day of December, 1894, the appellant (a man) was in charge as watchman, of certain extensive and valuable machinery located upon the mill yard, estimated to contain about ten acres, near the town of Timpson, as the agent of one of the owners, Thos. Noble, and the active…
1Opinion of the Court
HENDERSON, Judge.
The appellant was tried and convicted in the court below of an aggravated assault on an information preferred against him, and his punishment assessed at a fine of $25, and from said judgment he prosecutes this appeal. Appellant contends that there is no evidence showing that he was an adult male person. The only proof on this subject is to be found in the testimony of Eliza Thomas, Avhich is, “that defendant was a man and she Avas a woman.” A “man” is defined as a male adult of the human race, as distinguished from a woman or a boy; one who has attained manhood, or Avho is…
2Cited by15 opinions
- Marlow v. StateCourt of Criminal Appeals of Texas · 1976
- Holmes v. StateCourt of Criminal Appeals of Texas · 1912
- Bailey v. StateCourt of Criminal Appeals of Texas · 1913
- Schwartz v. StateCourt of Criminal Appeals of Texas · 1908
- Valdez v. StateCourt of Criminal Appeals of Texas · 1951
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