Rogers 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 aggravated assault; penalty, a fine of $100. The complaint and the information charged appellant, as an adult male, with an aggravated assault upon Bennie Kidd, a female. The evidence showed that appellant was an adult male 35 or 40 years of age, and that the prosecutrix was a female child under 10 years of age.
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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 aggravated assault; penalty, a fine of $100. The complaint and the information charged appellant, as an adult male, with an aggravated assault upon Bennie Kidd, a female. The evidence showed that appellant was an adult male 35 or 40 years of age, and that the prosecutrix was a female child under 10 years of age. The prosecutrix testified to several acts of indecent familiarity with her person by appellant. She testified that on one occasion appellant pushed open the door of a…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of an aggravated assault, and his punishment assessed at a fine of $100, and he prosecutes this appeal. Appellant contends that the motion to quash the complaint and information should have been sustained: (1) Because insufficient in law ; (2) because the complaint and information fail to allege that said assault was unlawfully committed or was violently committed, or that said assault was made with intent to injure or do harm to the said Bennie Kidd; (3) that the complaint and information fail to allege that the assault was committed against the will, or…
2Cases cited1 opinion
- Hamilton v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by10 opinions
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- Carter v. StateCourt of Criminal Appeals of Texas · 1932
- Martin v. StateCourt of Criminal Appeals of Texas · 1899
- Franco v. StateCourt of Criminal Appeals of Texas · 1941
- Knight v. StateCourt of Criminal Appeals of Texas · 1905
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