Legal Opinion

Franklin v. State

Court of Appeals of Texas

Decided January 26, 1889No. 2636PublishedCited by 1 opinion

Appeal from the County Court of Leon. Tried below before the Hon. H. B. Pruitt, County Judge. The conviction was for an assault and battery upon Sam H. Winn, and the penalty assessed against the appellant was a fine of five dollars. Sam H. Winn testified, for the State, that he was a deputy sheriff of Leon county, located at the town of Marquez.

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Appeal from the County Court of Leon. Tried below before the Hon. H. B. Pruitt, County Judge. The conviction was for an assault and battery upon Sam H. Winn, and the penalty assessed against the appellant was a fine of five dollars. Sam H. Winn testified, for the State, that he was a deputy sheriff of Leon county, located at the town of Marquez. On the night of August 13, 1887, the witness and Mr. Taney Burns went to the depot in Marquez to meet a lady passenger who was due on the incoming train. Witness reached the depot a few steps in advance of Burns, Campbell LaFlore and others, just as…

1Opinion of the Court

White, Presiding Judge.

On the evidence as it is presented in the record before us, we do not think the conviction in this case should be permitted to stand. Appellant was assaulted by one LaFIore; others engaged in the affray, assisting LaFIore, and were beating appellant when Winn, who was a. deputy sheriff, and who is the party charged to have been assaulted, ran around the train of cars, and, without attempting to arrest any of the parties fighting the appellant, grabbed hold of appellant, and appellant struck him—so he testifies. Other witnesses testify that Winn himself entered into the…

2Cited by1 opinion

  1. Salazar v. StateCourt of Criminal Appeals of Texas · 1983

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