Johnson v. State
Texas Supreme Court
Appeal from Milam. It did not appear from the transcript, who presided in the Court below. Indictment for an assault upon Martin, with intent to murder. Plea of not guilty. Verdict of guilty of simple assault and battery, and fine assessed at $100. Motion for new trial overruled.
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Appeal from Milam. It did not appear from the transcript, who presided in the Court below. Indictment for an assault upon Martin, with intent to murder. Plea of not guilty. Verdict of guilty of simple assault and battery, and fine assessed at $100. Motion for new trial overruled. The facts were as .follows :, -William L. Lochlin, witness for the State, testified that he went to defendant’s store in Milam county early on the 10th December, 1855. Defendant said he had lost his pocket book and money. He took a pistol, and holding it in his hand, told Martin, his clerk, that he believed he had…
1Opinion of the CourtWheeler, J.
The least touching of another^ person, wilfully and in anger, constitutes, in law, a battery ; and every battery Includes"án'aisault. The act of laying hands on the person of the party assailed, under the circumstances, was sufficient to constitute a common assault and battery; and if it were attended with no aggravating circumstance, the jury did, not exceed the limit of fine which, under the law, they were authorised to impose. (3 Bl. Com. 120 n.; Norton v. The State, 14 Tex. R. 387; Hart. Dig. Art. 553.) But it was attended with circumstances o of great aggravation. It was wholly…
2Cited by4 opinions
- State v. DolanWashington Supreme Court · 1897
- Lusk v. StateCourt of Criminal Appeals of Texas · 1968
- Stockton v. StateCourt of Criminal Appeals of Texas · 1917
- Jones v. StateCourt of Appeals of Texas · 1886