McCray, Alias Rosson v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Ellis. Tried below before Hon. J. C. Smith, County Judge. Appeal from a conviction for simple assault; penalty, a fine of $25. The information charged appellant, as an adult male, with making an aggravated assault upon one Eunice House, a female, by cutting her with a knife. The evidence developing that defendant was not an adult male, that is, not 21 years of age, the court only submitted simple assault, and of that offense he was convicted.
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Appeal from the County Court of Ellis. Tried below before Hon. J. C. Smith, County Judge. Appeal from a conviction for simple assault; penalty, a fine of $25. The information charged appellant, as an adult male, with making an aggravated assault upon one Eunice House, a female, by cutting her with a knife. The evidence developing that defendant was not an adult male, that is, not 21 years of age, the court only submitted simple assault, and of that offense he was convicted. The facts are principally stated in the testimony of Eunice House, and of the defendant, who testified in his own…
1Opinion of the Court
HEFDERSOF, Judge.
Appellant was convicted of a simple assault, and his punishment assessed at a fine of $25, and prosecutes this appeal.
Appellant objected to the admission of testimony regarding the assault on Fancy Sanders both before and after the alleged assault on Eunice House. We gather from the record that these assaults were all a part of the same transaction. Appellant assaulted Fancy Sanders at the residence of Eunice House. She interfered, and was, in turn assaulted by appellant. She fled, and then appellant continued the assault on Fancy Sanders, who also fled from the house. The…
2Cited by35 opinions
- Holloway v. StateCourt of Criminal Appeals of Texas · 1988
- Richardson v. StateCourt of Criminal Appeals of Texas · 1922
- Cravens v. StateCourt of Criminal Appeals of Texas · 1985
- Hall v. StateCourt of Criminal Appeals of Texas · 1902
- Mobley v. StateCourt of Criminal Appeals of Texas · 1921
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