Downey v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Hamilton. Tried below before Hon. C. W. CottoN, Special Judge. This appeal is from a conviction for aggravated assault and battery, the punishment assessed being a fine of $200 and one month’s imprisonment in the county jail. The case is sufficiently stated in the opinion.
1Opinion of the Court
DAVIDSON, Judge.
Appeal from Hamilton County. Appellant was convicted of aggravated assault and battery. His requested instructions in regard to self-defense and abandonment of the difficulty were correctly refused. Exceptions were not reserved to sucb refusal. This being a misdemeanor, the rule laid down in the Loyd case, 19 Texas Criminal Appeals, 321, and numerous other cases, should have been observed, and proper exceptions reserved. The question of abandonment was not an issue under the facts, nor was self-defense, though the court submitted this latter issue.
The difficulty originated in…
2Cited by9 opinions
- Giles v. StateCourt of Criminal Appeals of Texas · 1912
- Hughes v. StateCourt of Criminal Appeals of Texas · 1912
- Wilson v. StateCourt of Criminal Appeals of Texas · 1916
- Brown v. StateCourt of Criminal Appeals of Texas · 1914
- Black v. StateCourt of Criminal Appeals of Texas · 1921
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