Branch v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for aggravated assault and battery, the punishment being assessed ata fine of $500, and six months’ confinement in the county jail. • Defendant’s counsel verbally asked a postponement on account of his mental and physical condition, which was refused.
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This appeal is from a conviction for aggravated assault and battery, the punishment being assessed ata fine of $500, and six months’ confinement in the county jail. • Defendant’s counsel verbally asked a postponement on account of his mental and physical condition, which was refused. The main features of the case are shown by the following testimony: C. C. Emery, testified: “On the morning of the 16th day of ¡November, 1894, my wife and I, and a young lady traveler, who had been placed in our charge, were passengers on the Houston & Texas Central railroad train, west bound out of Houston, and…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted of an aggravated assault and battery, and his punishment assessed at a fine of $500 and imprisonment in the county jail for six months. The indictment contains two grounds of aggravation: First, that the assault and battery was made with a deadly weapon; second, that serious bodily injuries were inflicted upon the prosecutor. The proof shows that a pistol was used as a bludgeon, the size and the weight of the pistol not being shown. This must be done, when the pistol is shown to have been so used, in order to make proof that it was a deadly…
2Cited by6 opinions
- Mosley v. StateCourt of Criminal Appeals of Texas · 1977
- Ex Parte UnderwoodCourt of Criminal Appeals of Texas · 1923
- Peacock v. StateCourt of Criminal Appeals of Texas · 1908
- Wolfe v. StateCourt of Criminal Appeals of Texas · 1949
- Briscoe v. StateCourt of Criminal Appeals of Texas · 1921
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