Maxwell v. State
Decision Date | 10 April 1912 |
Citation | 145 S.W. 1190 |
Parties | MAXWELL v. STATE. |
Court | Texas Court of Criminal Appeals |
Appeal from Tarrant County Court; R. E. Bratton, Judge.
L. M. Maxwell was convicted of aggravated assault, and he appeals. Reversed and remanded.
Parker & Hurley, of Ft. Worth, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
The affidavit and information charge that appellant committed an aggravated assault upon E. S. Burns with "wire pliers," same being "a deadly weapon." The entire evidence in the record is from the witness Burns. This discloses that the witness was a conductor on the East Front line, part of the Traction Company lines of Ft. Worth, and he ordered the defendant from the car, because he was using bad language on the car, and that he would have to cut that out. Appellant said, if the witness would stop the car, he would get off. This was done. About an hour later they met at the end of the line, near the car barns, and as Burns stepped off the rear of the car he was struck from behind by some one. Further testifying, he said:
This is the entire evidence in the record. The evidence does not show that Burns was struck with wire pliers, as charged in the complaint and information, and there is no evidence in the record with reference to whether the weapon was of a deadly character or not. On this question the evidence is absolutely silent. In this condition of the evidence, the conviction was not authorized.
Therefore the...
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