Rushing v. State
Court of Appeals of Texas
Appeal from the County Court of Wise. Tried below before the Hon. W. H. Bullock, County Judge. This conviction was for an aggravated assault and battery upon one Tom Miller, and the penalty imposed was a fine of twenty-five dollars. Tom Miller was the first witness for the State. He testified that he and the defendant met on the night of December 1,1886, as guests at a dance given at the house of a Mr. Harris, in Wise county.
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Appeal from the County Court of Wise. Tried below before the Hon. W. H. Bullock, County Judge. This conviction was for an aggravated assault and battery upon one Tom Miller, and the penalty imposed was a fine of twenty-five dollars. Tom Miller was the first witness for the State. He testified that he and the defendant met on the night of December 1,1886, as guests at a dance given at the house of a Mr. Harris, in Wise county. Whén the dance broke up, the witness went out to gear up Mr. Davenport’s team. While he was thus engaged, the defendant passed, and.when he reached a point between…
1Opinion of the Court
Willson, Judge.
On the morning after the alleged assault, Press Rushing, the brother of defendant, stated to Mann, the sheriff, that his brother, the defendant, would plead guilty, and wanted the matter settled up as cheaply as possible. Defendant was not present when this statement was made, and there is no proof that he authorized his brother to make any such statement.
When this evidence was offered, the defendant objected to it upon the ground that it was hearsay, whereupon the eounty attorney stated that he expected to prove facts which would render said testimony legal, but declined to…
2Cited by5 opinions
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- Stillwell v. StateCourt of Criminal Appeals of Texas · 1926
- Bruner v. United StatesSupreme Court of Oklahoma · 1908
- Garrard v. StateCourt of Criminal Appeals of Texas · 1939