Norton v. State
Texas Supreme Court
Appeal from Wood. The indictment charged that the defendant “ in and upon one Patrick M. Calhoun, did make an “ assault, and with a certain large and heavy chair, which he “ then and there had and held in both Ms hands, then and there “ did strike, beat, bruise and grievously wound the said Patrick “ M. Calhoun, by then and there striking and beating him with “ the said chair, and by then and there by force of the blows, “ striking and beating aforesaid, fracturing the bone…
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Appeal from Wood. The indictment charged that the defendant “ in and upon one Patrick M. Calhoun, did make an “ assault, and with a certain large and heavy chair, which he “ then and there had and held in both Ms hands, then and there “ did strike, beat, bruise and grievously wound the said Patrick “ M. Calhoun, by then and there striking and beating him with “ the said chair, and by then and there by force of the blows, “ striking and beating aforesaid, fracturing the bone of the “ skull near the left eye of him, the said Patrick M. Calhoun, “ and by then and there, by force of the blows…
1Opinion of the CourtWheeler, J.
The material question to be determined, is, whether the Justice of the Peace had jurisdiction of the offence charged in the indictment. If he had, it is clear the defendant could not be put upon his trial and again convicted for the same offence, in the District Court; but if the Justice had not jurisdiction, it is equally clear, that the conviction by the Justice was no bar to this prosecution.
The jurisdiction of Justices of the Peace, over offences of this character, is limited, by the Statute conferring it, to cases where the fine or penalty shall not exceed one hundred dollars. (Hart.…
2Cited by10 opinions
- Ward v. StateCourt of Criminal Appeals of Texas · 1912
- Lusk v. StateCourt of Criminal Appeals of Texas · 1968
- Beasley v. StateCourt of Criminal Appeals of Texas · 1919
- Robey v. StateCourt of Criminal Appeals of Texas · 1913
- Hamlin v. StateCourt of Criminal Appeals of Oklahoma · 1912
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