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Caudle v. the State

Court of Criminal Appeals of Texas
Dec 1, 1909
57 Tex. Crim. 363 (Tex. Crim. App. 1909)

Opinion

No. 126.

Decided December 1, 1909.

Aggravated Assault — Former Acquittal — Mayor's Court.

Where defendant was found guilty in the County Court of an aggravated assault, the fact that he had been prosecuted in the Mayor's Court for simple assault was no defense.

Appeal from the County Court of Fannin. Tried below before the Hon. A.J. Cunningham.

Appeal from an aggravated assault; penalty, a fine of $25.

The opinion states the case.

Taylor Lipscomb, for appellant. — On question of former conviction: Hirshfield v. State, 11 Texas Crim. App., 207; Paschal v. State, 49 Tex.Crim. Rep., 90 S.W. Rep., 878.

F.J. McCord, Assistant Attorney-General, for the State.


Appellant was convicted of aggravated assault, and his punishment assessed at a fine of $25.

Appellant attempted to defend against the prosecution on the ground that he had been prosecuted for simple assault in the mayor's court. This would not be a defense, and the court did not err in finding appellant guilty under the evidence in this case of aggravated assault.

The judgment is affirmed.

Affirmed.


Summaries of

Caudle v. the State

Court of Criminal Appeals of Texas
Dec 1, 1909
57 Tex. Crim. 363 (Tex. Crim. App. 1909)
Case details for

Caudle v. the State

Case Details

Full title:J.L. CAUDLE v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Dec 1, 1909

Citations

57 Tex. Crim. 363 (Tex. Crim. App. 1909)
123 S.W. 413