Legal Opinion

State v. Allen

Texas Supreme Court

Decided April 15, 1867PublishedCited by 10 opinions

Appeal from Van Zandt. The case was tried before Hon. John J. Good, one of the district judges. The allegations in the indictment are sufficiently set out in the opinion. A general exception to it was sustained. The State appealed.

1Opinion of the CourtDonley, J.

It is alleged that the defendant, on the 1st day of May, in the year 1866, with force and arms, in the county of Van Zandt, in the State of Texas, did then and there make an assault in and upon one Wiley White, in the peace of God and said state then and there being, and did then and there beat, wound, bruise, and ill-treat him, the said Wiley White, and other wrongs to him the said Wiley White then and there did, &c. If the facts are true as alleged, the defendant was clearly guilty of an assault and batteiy.

A party who commits an assault and beats another certainly is guilty of a violation…

2Cited by10 opinions

  1. Strait v. StateTexas Supreme Court · 1875
  2. State v. HaysTexas Supreme Court · 1874
  3. McFarlin v. StateTexas Supreme Court · 1874
  4. State v. CassTexas Supreme Court · 1874
  5. Allison v. StateCourt of Appeals of Texas · 1883

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