Thompson v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Caldwell. Tried below before Hon. Geo. W. Kyser. Appeal from a conviction of an aggravated assault; penalty, a fine of $50 and twenty days confinement in the county jail. The information charged the defendant with committing an aggravated assault upon his son of the age of 17 years, and that he used a quirt and inflicted serious bodily injury upon him.
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Appeal from the County Court of Caldwell. Tried below before Hon. Geo. W. Kyser. Appeal from a conviction of an aggravated assault; penalty, a fine of $50 and twenty days confinement in the county jail. The information charged the defendant with committing an aggravated assault upon his son of the age of 17 years, and that he used a quirt and inflicted serious bodily injury upon him. The testimony of the son sustained this charge in so far as the whipping was done with a quirt; that his father made him take off his shirt and tied him down and cut the blood out of him in some places; that the…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of an aggravated assault, and his punishment assessed at a fine of $50 and twenty days confinement in the county jail; and prosecutes this appeal.
Appellant insists that this case should be reversed because the record shows that he entered no plea to the information. The State answers this proposition by showing that the amended statutes, article 904, Code of Criminal Procedure, requires this matter to be presented by bill of exceptions, otherwise appellant can not in this court take advantage of failure to enter plea. If the judgment record were silent…
2Cited by10 opinions
- Michael Eugene Sharp v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1997
- Lumsden v. StateCourt of Criminal Appeals of Texas · 1964
- Mays v. StateCourt of Criminal Appeals of Texas · 1907
- Kennison v. StateCourt of Criminal Appeals of Texas · 1924
- State v. FlathNorth Dakota Supreme Court · 1929
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