Legal Opinion

Hutcherson v. State

Court of Criminal Appeals of Texas

Decided January 27, 1894No. 331PublishedCited by 20 opinions

Appeal from the District Court of Falls. Tried below before Hon. S. E. Scott. This appeal is from a conviction for perjury, the punishment being-assessed at five years’ imprisonment in the penitentiary.

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Appeal from the District Court of Falls. Tried below before Hon. S. E. Scott. This appeal is from a conviction for perjury, the punishment being-assessed at five years’ imprisonment in the penitentiary. The evidence shows that appellant was tried in the County Court upon a complaint and information charging him with aggravated assault upon the person of one Ella Sanders, by striking her with his fist, he, the said James Hutcherson, being then and there an adult male person, and the said Ella Sanders being then and there a female person. On the trial of this case,- for aggravated assault,…

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of perjury, and his punishment fixed at five years in the penitentiary, from which he appeals. On the night of the 29th of January, A. D. 1893, a difficulty occurring between appellant and one Ella Sanders near a show tent in the town of Marlin, a bystander, Levi Myers, interposed in defense of Ella, and, after scuffling sometime, appellant broke away, and, rushing upon Ella, struck her. She thereupon promptly knocked him down, and, falling upon him, began beating him. Her mother also took part in the affray, beating him with some palings. A general…

2Cases cited2 opinions

  1. Beach v. StateCourt of Criminal Appeals of Texas · 1893
  2. Taylor v. StateSupreme Court of Alabama · 1872

3Cited by20 opinions

  1. Allen v. United StatesCourt of Appeals for the Fourth Circuit · 1912
  2. People v. AlbersMichigan Supreme Court · 1904
  3. Jay v. StateAlabama Court of Appeals · 1916
  4. State v. CaywoodSupreme Court of Iowa · 1895
  5. Yarbrough v. StateSupreme Court of Florida · 1920

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