Henkel v. State
Court of Appeals of Texas
Appeal from the County Court of Caldwell. Tried below before the Hon. Leo Eogan, County Judge. The conviction in this case was for an aggravated assault upon one Johanna Earnst, a married woman. The penalty assessed against the appellant was a fine of five hundred dollars and confinement in the county jail for one year. The proof shows that at the time of the assault, the defendant was the guest of J. H. Earnst.
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Appeal from the County Court of Caldwell. Tried below before the Hon. Leo Eogan, County Judge. The conviction in this case was for an aggravated assault upon one Johanna Earnst, a married woman. The penalty assessed against the appellant was a fine of five hundred dollars and confinement in the county jail for one year. The proof shows that at the time of the assault, the defendant was the guest of J. H. Earnst. On the night of the assault the defendant and Earnst, occupying separate pallets, slept on the gallery and Mrs. Earnst in the house. About midnight, while Ernest was asleep, defendant…
1Opinion of the Court
White, Presiding Judge.
Appellant was tried on a complaint in a justice’s court charging him with an assault upon the same party and on the same occasion as is charged in the information in this case. On that trial he pleaded guilty to an assault and was fined by the justice in the sum of five dollars. He pleaded this former conviction in bar to the prosecution in this case. His plea was stricken out on motion of the prosecuting attorney, and this action of the court is one of the errors complained of. Evidently the defendant was tried and convicted in the justice’s court and punished for a…
2Cases cited3 opinions
- Pefferling v. StateTexas Supreme Court · 1874
- Thompson v. StateTexas Supreme Court · 1875
- Tracy v. StateTexas Supreme Court · 1875
3Cited by7 opinions
- Creech v. StateCourt of Criminal Appeals of Texas · 1913
- Graham v. StateCourt of Criminal Appeals of Texas · 1932
- Hamlin v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Priest v. StateCourt of Criminal Appeals of Texas · 1932
- Johnson v. StateCourt of Criminal Appeals of Texas · 1954
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