Aleman v. State
| Court | Texas Court of Criminal Appeals |
| Writing for the Court | MORRISON |
| Citation | Aleman v. State, 169 Tex.Crim. 129, 332 S.W.2d 317 (Tex. Crim. App. 1960) |
| Decision Date | 13 January 1960 |
| Docket Number | No. 31288,31288 |
| Parties | Pete ALEMAN, Appellant, v. STATE of Texas, Appellee. |
William Lawrence Scarborough, Corpus Christi, for appellant.
Richard E. Rudeloff, County Atty., Beeville, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is aggravated assault upon an officer; the punishment, six months in jail.
The statement of facts approved by the trial judge recites that the parties had failed to agree on a statement of facts and certifies that the following is a correct statement of all the facts.
An interpreter was appointed and accepted by appellant, and through such interpreter the court informed appellant of the nature of the accusation against him and the range of punishment that might be imposed, of his right to a trial by jury, and his right to be tried separately from the three other defendants who were charged with the same offense growing out of the same transaction. Appellant waived a jury, entered a plea of guilty, but requested that he be tried separately.
Officer Vara of the Beeville police, in company with Navy Shore Patrolman Birchfield, while on duty, went to a dance hall at approximately midnight on the night in question and observed a fight between two women, invited the participants outside, and after discussing the cause of their trouble released them. While they were talking to the women, a crowd assembled, and one Soliz 'incited the crowd into attacking' the officer. Soliz was placed under arrest, and, as the officers were attempting to leave, appellant grabbed Soliz in an attempt to free him and struck at officer Vara. In the melee, Soliz escaped.
Birchfield's testimony corroborated that of Vara. Appellant, testifying in his own behalf...
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