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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Texas Court of Criminal Appeals; 147 Tex. Crim. 161. Datos: https://static.case.law/tex-crim/147/cases/0161-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Felix v. State, 147 Tex. Crim. 161 (Texas Court of Criminal Appeals, 1944) KRUEGER, Judge. Appellant was convicted of the offense of aggravated assault. His punishment was assessed at confinement in the county jail for a period of forty-five days, and from said judgment he prosecutes this appeal. He brings forward two complaints, the first of which is that the evidence fails to correspond with the allegations in the complaint and Information, which is fatal to the conviction; and second, that the evidence is insufficient to- sustain his conviction for the offense of aggravated assault. Omitting the formal parts of the information, which follows the language of the complaint, it .is charged therein as follows: “ * * * that heretofore on or about the 4th day of October, A.D., 1943, in said County of Harris and State of Texas, the said William G. Felix did,-with premeditated design, in and upon the said H. M. Douglas make an aggravated assault and battery, and did then and there inflict serious bodily injury upon the said H. M. Douglas by cutting and stabbing him with a spatula,- and with a deadly weapon, and with a shaTp instrument the exact nature of which is to the attorney unknown, and by means then and there calculated to inflict serious bodily injury upon the said H. M. Douglds.” His contention seems to be that since it is charged that he did, with premeditated design, in and upon H. M. Douglas, make an assault and battery, followed by the allegations that he. did then…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Texas Court of Criminal Appeals; 147 Tex. Crim. 161. Datos: https://static.case.law/tex-crim/147/cases/0161-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Felix v. State, 147 Tex. Crim. 161 (Texas Court of Criminal Appeals, 1944) KRUEGER, Judge. Appellant was convicted of the offense of aggravated assault. His punishment was assessed at confinement in the county jail for a period of forty-five days, and from said judgment he prosecutes this appeal. He brings forward two complaints, the first of which is that the evidence fails to correspond with the allegations in the complaint and Information, which is fatal to the conviction; and second, that the evidence is insufficient to- sustain his conviction for the offense of aggravated assault. Omitting the formal parts of the information, which follows the language of the complaint, it .is charged therein as follows: “ * * * that heretofore on or about the 4th day of October, A.D., 1943, in said County of Harris and State of Texas, the said William G. Felix did,-with premeditated design, in and upon the said H. M. Douglas make an aggravated assault and battery, and did then and there inflict serious bodily injury upon the said H. M. Douglas by cutting and stabbing him with a spatula,- and with a deadly weapon, and with a shaTp instrument the exact nature of which is to the attorney unknown, and by means then and there calculated to inflict serious bodily injury upon the said H. M. Douglds.” His contention seems to be that since it is charged that he did, with premeditated design, in and upon H. M. Douglas, make an assault and battery, followed by the allegations that he. did then…