Legal Opinion

Waller v. State

Court of Criminal Appeals of Texas

Decided November 9, 1921No. 6354PublishedCited by 2 opinions

Appeal from the County Court of Delta. Tried below before the Honorable Joel H. Berry. Appeal from a conviction of aggravated assault; penalty, a fine of twenty-five dollars. The opinion states the case. On question of court’s charge: Parish v. State, 153 S. W. Rep., 327; Mason v. State, 228 S. W. Rep., 152.

1Opinion of the Court

HAWKINS, Judge.

Appellant was assessed a fine of $25 upon conviction for an aggravated assault upon one L,. H. Waller. At the time of this alleged assault appellant was seventeen years of .age. L,. H. Waller, the injured party was 56 years old, an uncle of appellant, and was the constable at Ben Franklin. On the day of the trouble appellant had gone to the latter place after a load of lumber, and accompanying him was one John McCormick, a negro. When they reached the town appellant went into a business house on an errand, leaving the negro in care of the team. L. H. Waller had a warrant for…

2Cases cited2 opinions

  1. Mason v. StateCourt of Criminal Appeals of Texas · 1921
  2. Kinslow v. StateCourt of Criminal Appeals of Texas · 1912

3Cited by2 opinions

  1. Jackson v. StateCourt of Criminal Appeals of Texas · 1925
  2. Darwin v. StateCourt of Criminal Appeals of Texas · 1944

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