Nance v. State
Court of Appeals of Texas
Appeal from the District Court of Eastland. Tried below before the Hon. T. B. Wheeler. • The indictment in this case charged the appellant with an assault with intent to murder one Dave H. Hickman, in Eastland county, Texas, on the fifth day of May, 1884. His trial resulted in his conviction of an aggravated assault, and the penalty assessed against him was a fine of two hundred and ninety-one dollars. The transcript brings up no statement of facts.
1Opinion of the Court
Willson, Judge.
The exception to the jurisdiction of the court is not a sound one. The indictment charged a felony which included a misdemeanor. A felony being charged, the district court had jurisdiction to hear and determine the case, not only as to the felony, but as to any lower grade of offense which the proof might develop. It is expressly so provided by the statute, and we cannot perceive that such provision is in' conflict with the Constitution, as contended by defendant’s counsel. (Code Crim. Proc., Art. 69.) Such has been the holding of this court in several cases in which this…
2Cases cited1 opinion
- March v. StateTexas Supreme Court · 1875
3Cited by3 opinions
- Suitor v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Mock v. StateCourt of Criminal Appeals of Texas · 1957
- Mock v. StateCourt of Criminal Appeals of Texas · 1957