Legal Opinion

Therrell v. State

Court of Criminal Appeals of Texas

Decided April 18, 1956No. 28268PublishedCited by 1 opinion

1Opinion of the Court

. MORRISON, Presiding Judge.

The offense is aggravated assault, with a prior conviction of an offense of like character alleged for the purpose of enhancement; the punishment, 2 years in jail and a fine of $200.

A prior appeal is reported as Therrell v. State, Tex.Cr.App., 279 S.W.2d 879.

The count charging the prior conviction was defective because it merely stated that the offense was one of like character as the primary offense without stating the nature of such offense. Waltrip v. State, 134 Tex.Cr.R. 202, 114 S.W.2d 555; Walker v. State, 138 Tex.Cr.R. 230, 135 S.W.2d 498; McClain v. State,…

2Cases cited5 opinions

  1. Waltrip v. StateCourt of Criminal Appeals of Texas · 1938
  2. Walker v. StateCourt of Criminal Appeals of Texas · 1940
  3. Therrell v. StateCourt of Criminal Appeals of Texas · 1955
  4. McClain v. StateCourt of Criminal Appeals of Texas · 1949
  5. Stover v. StateCourt of Criminal Appeals of Texas · 1943

3Cited by1 opinion

  1. Covarrubias v. StateCourt of Criminal Appeals of Texas · 1960

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