Culver v. State
Court of Criminal Appeals of Texas
The facts adduced on the part of the State, in brief, were, that defendant, who had, or claimed, a mortgage lien upon certain rugs in the possession of the assaulted party, entered her house and demanded payment of a balance due him on the rugs; which balance she disputed, and that he assaulted her, took the rugs and left.
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The facts adduced on the part of the State, in brief, were, that defendant, who had, or claimed, a mortgage lien upon certain rugs in the possession of the assaulted party, entered her house and demanded payment of a balance due him on the rugs; which balance she disputed, and that he assaulted her, took the rugs and left. That she was standing upon the rug when he demanded payment, which, when she refused, he struck her a blow knocking her off the rug, picked up the same and left. The testimony for the defense shows that he obtained possession of the rugs without the use of any force, and…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of an aggravated assault, and his punishment assessed at a fine of $25.
It appéars from the evidence that the difficulty arose on account of the seizure of two rugs. On the trial appellant introduced in evidence a mortgage on two rugs which he had sold to prosecutrix, Mrs. K. A. Shannon. Said mortgage contained the power in favor of L. W. Culvér to take possession of and sell said rugs on default in the payment of the purchase money and interest thereon. In rebuttal, over the objections of appellant, the State was permitted to prove by Mrs. Shannon that…
2Cited by3 opinions
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- Girard v. AndersonSupreme Court of Iowa · 1934
- Lockland v. StateCourt of Criminal Appeals of Texas · 1903