Reynolds v. State
Texas Supreme Court
Appeal from Limestone. The appellant was put upon his trial, on an indictment for an assault with intent to murder. The jury found the defendant guilty of an assault and battery, and assessed the punishment at a fine of two hundred dollars.
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Appeal from Limestone. The appellant was put upon his trial, on an indictment for an assault with intent to murder. The jury found the defendant guilty of an assault and battery, and assessed the punishment at a fine of two hundred dollars. The defendant moved in arrest of judgment, and assigned as grounds of his motion, that the indictment was not signed by the District Attorney, but by Asa M. Willie as District Attorney pro tem., and that the indictment did not appear to have been filed in Court. The Court overruled the motion, and gave judgment upon the verdict, and the defendant appealed.
1Opinion of the CourtWheeler, J.
The 57th Section of the Act of 1848, concerning crimes and punishments, limits the punishment for a common assault, to a fine of one hundred dollars, or imprisonment for fifteen days. But the next succeeding Section provides that if the offence is of an aggravated nature, the offender may be punished by a fine not exceeding two hun*121dred dollars and imprisonment not exceeding six months. (Dig. Art. 553, 554.)
Whether the offence be of an aggravated nature must be determined by the jury, upon the evidence. But it is not necessary that they should embody in their verdict a distinct finding to that…
2Cited by6 opinions
- Keithler v. StateMississippi Supreme Court · 1872
- State v. McLennenOregon Supreme Court · 1888
- Elliott v. StateWyoming Supreme Court · 1931
- State v. HenrySupreme Judicial Court of Maine · 1904
- United States v. McKeeU.S. Circuit Court for the District of Eastern Missouri · 1876
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