Powell v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Victoria. Tried below before Hon. J. L. Dupree, County Judge. Appellant was prosecuted by information in the court below for aggravated assault and battery on one Antonio Lagus, an aged and decrepit person, said assault having been committed with an axe handle, a deadly weapon, and thereby inflicting serious bodily injury upon him, the said A. Lagus.
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Appeal from the County Court of Victoria. Tried below before Hon. J. L. Dupree, County Judge. Appellant was prosecuted by information in the court below for aggravated assault and battery on one Antonio Lagus, an aged and decrepit person, said assault having been committed with an axe handle, a deadly weapon, and thereby inflicting serious bodily injury upon him, the said A. Lagus. At his trial he was convicted of said ofíense, and his punishment assessed at one month confinement in the county jail. The agreed statement of facts in the case is as follows: The State fully proved venue and…
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of aggravated assault and battery, and his punishment fixed at one month in the county jail, from which he appeals.
The .agreed statement of facts shows, that appellant and one Bob Blanchard got into an altercation, in which axe helves were used, appellant bringing on the difficulty by slapping Blanchard in the mouth. Blanchard seized an axe helve, which was taken from him by appellant, and while trying to get another, appellant, to prevent him, struck at him, when the blow glanced, and accidentally struck one Lagus. Appellant and Blanchard were both…
Also in this document: Concurrence.
2Cited by4 opinions
- Rogers v. StateCourt of Criminal Appeals of Texas · 1913
- Ellington v. StateCourt of Criminal Appeals of Texas · 1905
- Grayson v. City of MarshallCourt of Appeals of Texas · 1912
- Kinney v. StateCourt of Criminal Appeals of Texas · 1912