Maloney v. State

RAMSEY, Judge.

Appellants were convicted in the County Court of Grimes County, on the 28th day of April, of this year of simple assault, and a fine of $5 assessed against each of them.

They were charged by information with an assault upon one J. H. Foster. The allegation is, that appellants “did then and there strike, beat, wound and bruise the said J. H. Foster with their hands and fists.”

1. On the trial the court gave, among other things, the following instruction: “An assault and battery may be committed by the use of any part of the body of the person committing the offense, as of the hand,…