Legal Opinion

Ely v. State

Court of Criminal Appeals of Texas

Decided December 4, 1912No. 1954PublishedCited by 3 opinions

The evidence of the State showed substantially that the defendant whipped her pupil for a disobedience of the rules of the school, with a paddle about two feet long and about two inches wide of white pine wood, with which she administered a number of licks on the back part of the legs above the knees of the pupil; the pupil testifying that it hurt him and that he could not go back to school for several weeks, as he could not well sit down on account of the whipping and that…

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The evidence of the State showed substantially that the defendant whipped her pupil for a disobedience of the rules of the school, with a paddle about two feet long and about two inches wide of white pine wood, with which she administered a number of licks on the back part of the legs above the knees of the pupil; the pupil testifying that it hurt him and that he could not go back to school for several weeks, as he could not well sit down on account of the whipping and that his limbs were sore and paining him. Physicians examined the pupil and testified that they found some bruises and black…

1Opinion of the Court

PRENDERGAST, Judge.

— By proper complaint and information appellant was charged with committing an aggravated assault upon Ralph LaHatte on November 3, 1911, said LaHatte being a child and appellant an adult female. The proof without doubt and without contradiction showed that Ralph was a school boy thirteen years of age, attending the school in which appellant taught and that she was his teacher and he her pupil. Also that at the time, she was not twenty-one years of age and, therefore, not an adult; that she on this occasion, for his violation of the rules of the school and for the purpose…

2Cases cited2 opinions

  1. Giles v. StateCourt of Criminal Appeals of Texas · 1912
  2. Schooler v. StateCourt of Criminal Appeals of Texas · 1907

3Cited by3 opinions

  1. Assiter v. State, Texas Court of Appeals, 7th District (Amarillo)2000
  2. People v. CurtissAppellate Division of the Superior Court of California · 1931
  3. Harris v. StateCourt of Criminal Appeals of Texas · 1918

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