Morgan v. State, 13003.

• Decision Date: 12 February 1930
• Docket Number: No. 13003.,13003.
• Citation: 25 S.W.2d 842
• Parties: MORGAN v. STATE.
• Court: Texas Court of Criminal Appeals

25 S.W.2d 842

MORGAN v. STATE.

No. 13003.

Court of Criminal Appeals of Texas.

February 12, 1930.

Rehearing Denied March 19, 1930.

Appeal from District Court, Comanche County; Joe H. Eidson, Judge.

Elroy Morgan was convicted of being a delinquent child, and he appeals.

Affirmed.

Oscar Callaway, of Comanche, for appellant.

A. A. Dawson, State's Atty., of Austin, for the State.

LATTIMORE, J.

Conviction for being a delinquent child; punishment, nine months' confinement in the boys' training school.

Appellant was indicted for assault to murder. An affidavit of juvenility was filed, and his age established on the trial at fourteen years. The jury found him guilty, and assessed his punishment at nine months in the boys' training school.

The contention on the part of the appellant is that the evidence is insufficient to show a specific intent on his part to kill the party whom he assaulted with a knife. There seems no question but that one who is in fact a juvenile, who is found guilty of a violation of any penal law, may be punished by confinement as a delinquent child and sentenced to a term in the boys' training school. Davis v. State (Tex. Cr. App.) 21 S.W.(2d) 1068. In the case just mentioned, the subject is treated at some length. It would appear to be immaterial to ascertain whether the jury intended to find the appellant guilty of an assault with intent to murder, or of an aggravated assault, or of simple assault. Under the indictment, he might be convicted as a delinquent, if found guilty of any of the above offenses. If the jury found him guilty of the lowest grade of assault, they would have the right under the statute to adjudge him a delinquent and to punish him by confining him in the boys' training school at Gatesville for a term longer than that given to this appellant, in their discretion.

An examination of the facts in the instant case leads us to conclude that the jury were justified in accepting the state's testimony and finding that appellant made an assault upon the alleged injured party with a knife. This being true, we are unable to agree with appellant's contention that the evidence does not justify the conviction.

Finding no error in the record, the judgment is affirmed.

On Motion for Rehearing.

HAWKINS, J.

Appellant urges that the record fails to show that he was adjudged a "delinquent," and therefore a reversal is demanded. The judgment condemned appellant to confinement in the State Juvenile Training School, after...