Legal Opinion

Blackwell v. State

Court of Appeals of Texas

Decided December 2, 1891No. 3780PublishedCited by 2 opinions

Appeal from the County Court of Delta. Tried below before Hon. S. M. Grant, County Judge. Appellant was tried under information, and convicted for an aggravated assault committed by him at a place where people were assembled for religious worship. The assault was committed by him upon the minister who was conducting the religious services. The opinion of the court sufficiently states the facts necessary to an understanding of the rulings.

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of aggravated assault and fined $500. Motion in arrest of judgment was urged against the information, because it failed “to state the assault was committed in a-place of religious worship;” that it used the language, “at Hickory Grove School House.” The basis of the motion is the alleged insufficiency of the word “at” to convey the meaning of the statutory word “in,” contained in the second subdivision of article 496 of the Penal Code. That portion of the statute defines an aggravated assault to be such “when committed in a court of justice, or in any…

2Cases cited1 opinion

  1. Augustine v. StateTexas Supreme Court · 1857

3Cited by2 opinions

  1. English v. StateCourt of Appeals of Georgia · 1912
  2. Ex parte LewisNevada Supreme Court · 1911

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