Legal Opinion

Marsden v. State

Court of Criminal Appeals of Texas

Decided March 2, 1910No. 447PublishedCited by 3 opinions

Appeal from the County 'Court of McCulloch. Tried below before the Hon. Harvey Walker. Appeal from a conviction of aggravated assault; penalty, a fine of $100. The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was charged and convicted of an aggravated assault on one Miller, city marshal of the city of Brady, in McCulloch County, who was then in the legal discharge of his duties, etc. Without going into a detailed statement of the evidence, it is sufficient to state that Miller was acting in his official capacity and sought to arrest T. H. Marsden, and in fact did arrest him, for being drunk and riding a horse into a house where there was kept a “uno and inc joint.” Miller caught the bridle reins of the horse ridden by Marsden and started to jail with him. Quite…

2Cited by3 opinions

  1. Gowans v. StateCourt of Criminal Appeals of Texas · 1912
  2. Ward v. StateCourt of Criminal Appeals of Texas · 1912
  3. Crosby v. StateCourt of Criminal Appeals of Texas · 1971

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