Herald v. State
Court of Criminal Appeals of Texas
The testimony of the prosecutor and of the defendant is reproduced as follows: Joe Powell testified: “I had a difficulty with defendant on the 27th of April last. Defendant’s children passed by my house and said something to one of my daughters, and my daughter made complaint to me. I told the defendant’s children that they had better behave themselves. They laughed at me and one of them patted her butt. I live just across the street from the defendant.
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The testimony of the prosecutor and of the defendant is reproduced as follows: Joe Powell testified: “I had a difficulty with defendant on the 27th of April last. Defendant’s children passed by my house and said something to one of my daughters, and my daughter made complaint to me. I told the defendant’s children that they had better behave themselves. They laughed at me and one of them patted her butt. I live just across the street from the defendant. I saw him leave his house and go up town. I went to where my wife was keeping a. chili stand on the sidewalk on the public square, about half…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was charged with having committed an aggravated assault on one Joe Powell, by cutting him with a knife and inflicting upon him serious bodily injury. The conviction was for a simple assault, and appellant was fined five dollars. Appellant urges two grounds why this cause should be reversed: (1) Because the evidence is insufficient to support a conviction for any offense; and (2) the appellant having been charged with an assault with a knife, the court evidently found him guilty of an assault with a stick, and such finding cannot be sustained under the information in…
2Cited by3 opinions
- Maloney v. StateCourt of Criminal Appeals of Texas · 1909
- State v. MyersWest Virginia Supreme Court · 1937
- McKinley v. StateCourt of Criminal Appeals of Texas · 1948