Thompson v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Limestone.' Tried below before-. Hon. W. Gr. Rucker, County Judge. This was a prosecution for aggravated assault, under an information containing two counts; one charging the defendant, a person of robust health and strength, with an assault upon W. M. Bell, an aged and decrepit man; the other alleging the use of a pistol by the defendant, a dangerous and deadly weapon, in an angry and threatening manner, with intent to alarm said Bell, and…
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Appeal from the County Court of Limestone.' Tried below before-. Hon. W. Gr. Rucker, County Judge. This was a prosecution for aggravated assault, under an information containing two counts; one charging the defendant, a person of robust health and strength, with an assault upon W. M. Bell, an aged and decrepit man; the other alleging the use of a pistol by the defendant, a dangerous and deadly weapon, in an angry and threatening manner, with intent to alarm said Bell, and under circumstances calculated to effect that object. On his trial, appellant was found guilty as charged, and his…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted of aggravated assault and battery upon W. M. Bell, an aged and decrepit person, and his punishment assessed at $25. The evidence is conflicting. If Bell’s testimony be true, the appellant is guilty. On the other hand, if the version of the difficulty as given by appellant be correct, he is not guilty under either count. Counsel for the appellant requested the court to require the State to elect upon which count she would prosecute. This was refused. Both counts referring to the same transaction, the ruling was correct. There is a general exception…
2Cited by18 opinions
- Modica v. StateCourt of Criminal Appeals of Texas · 1923
- Keeton v. StateCourt of Criminal Appeals of Texas · 1910
- People v. HartUtah Supreme Court · 1894
- Tucker v. StateCourt of Criminal Appeals of Texas · 1912
- Rosenbaum v. RocheCourt of Appeals of Texas · 1907
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