Menasco v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Donley. Tried below before Hon. B. H. White, County Judge. Appellant was convicted under an information charging him with a breach of the peace, his punishment being assessed at a fine of $5. A motion to arrest the judgment for insufficiency of the information was overruled.
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Appeal from the County Court of Donley. Tried below before Hon. B. H. White, County Judge. Appellant was convicted under an information charging him with a breach of the peace, his punishment being assessed at a fine of $5. A motion to arrest the judgment for insufficiency of the information was overruled. The motion was based upon the failure of the information to aver that the language used was used “ concerning him,” the prosecutor, those terms being used in the statutory definition of the offense. The information is set out in full in the opinion.
1Opinion of the Court
DAVIDSON, Judge.
Omitting the formal portions, the information charges, that defendant “ did then and there unlawfully use, in the pres ence aucl hearing of J. A. Fuson, violently abusive language to the said J. A. Fuson, to-wit, the said William Menasco did then and there unlawfully call the said J. A. Fuson a damned son-of-a-bitch; and the said abusive language was used by the said William Menasco to the said J. A. Fuson in the presence and hearing of said J. A. Fuson; and the said abusive language was reasonably calculated to provoke a breach of the peace, under the circumstances the said…
2Cited by2 opinions
- Robinson v. StateCourt of Criminal Appeals of Texas · 1912
- Green v. StateCourt of Criminal Appeals of Texas · 1913