Abernathy v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Earns. Tried below before the .Hon. W. H. Clendenin. Appeal from a conviction of aggravated assault; penalty, a fine of $100. The opinion states the case.
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted for unlawfully carrying a pistol and his punishment assessed at a fine of $100.
Appellant filed a motion in arrest of the judgment, on the ground that the complaint, upon which the information is filed, purports to be signed by one Horace White when, in fact and in truth, there was no such person as Horace White before the Justice of the Peace at the time such complaint was made; that the party that did make the complaint was named Horace Wright. The testimony shows that the complaint was made by Horace Wright; he being illiterate, the Justice wrote his…
2Cases cited2 opinions
- Malz v. StateCourt of Criminal Appeals of Texas · 1896
- Upton v. StateCourt of Criminal Appeals of Texas · 1894