Jackson v. State
Texas Supreme Court
Ebbob from San Saba. The case was tried before Hon. Edwabd H. Vontbess, one of the district judges. Jackson was indicted for an aggravated assault and battery upon the body of Thomas Montgomeiy. It was proved that Jackson made a fierce assault upon Montgomery, in the wheat-field of the latter, and struck him a severe blow with a stick, drew his pistol upon him, and threw rocks at him.
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Ebbob from San Saba. The case was tried before Hon. Edwabd H. Vontbess, one of the district judges. Jackson was indicted for an aggravated assault and battery upon the body of Thomas Montgomeiy. It was proved that Jackson made a fierce assault upon Montgomery, in the wheat-field of the latter, and struck him a severe blow with a stick, drew his pistol upon him, and threw rocks at him. The charge was long; but the only part of it which need be noticed is given in the opinion of the court. The judge found the defendant guilty, and assessed his fine at $100, upon which the court rendered a…
1Opinion of the CourtRobebts, J.
—The facts in proof made out a clear case of aggravated assault and battery. There is no conflict in the evidence, no impeachment of the witnesses, and nothing in the case tending to cast any doubt upon the guilt of the defendent as charged.
The court delivered to the jury a charge appropriate in the ease as one of aggravated assault, but declined to give any instructions in relation to the penalty which the jury might impose, in the event they found defendant guilty of a simple assault and battery. The only part of the charge which it is necessary to notice is as follows, to wit: “If you,…
2Cases cited2 opinions
- O'Connell v. StateTexas Supreme Court · 1857
- Stearnes v. StateTexas Supreme Court · 1858
3Cited by2 opinions
- Browning v. StateCourt of Appeals of Texas · 1876
- Jones v. StateCourt of Appeals of Texas · 1878