Milstead v. State
Court of Appeals of Texas
Appeal from the District Court of Shelby. Tried below before the Hon. J. G. Hazlewood. The conviction was for a simple assault, and was had upon an indictment which charged an aggravated assault, the aggravation alleged being that the assault was committed in a court of justice then in session. A fine of §10 was the punishment imposed. The opinion sufficiently states the purport of the evidence.
1Opinion of the Court
White, Presiding Judge.
As charged in the indictment, the offense is, “that Joe Milstead, on the 10th day of December, A. D. 1883, in the county of Shelby and State of Texas, did then and there assault, strike, beat and bruise T. A. Paxton, in a court of justice then and there being in session, and the said T. A. Paxton being then and there an officer, to wit, a justice of the peace; against the peace and dignity of the State.”
A motion to quash was made upon the ground that the indictment does not charge a criminal intent by the defendant to injure the party charged to have been assaulted, and…
2Cases cited5 opinions
- State v. AllenTexas Supreme Court · 1867
- State v. HaysTexas Supreme Court · 1874
- State v. HartmanTexas Supreme Court · 1874
- State v. LutterlohTexas Supreme Court · 1858
- State v. HunterTexas Supreme Court · 1875