Sams v. State, 21940.
| Decision Date | 25 March 1942 |
| Docket Number | No. 21940.,21940. |
| Parties | SAMS v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Harrison County Court; Paul W. Warren, Judge.
Herbert Sams was convicted of aggravated assault, and he appeals.
Reversed and remanded.
Percy Woodard, of Marshall, for appellant.
Spurgeon E. Bell, State's Atty., of Austin, for the State.
The opinion previously rendered in this case is withdrawn and the following is substituted in lieu thereof:
This is a conviction for aggravated assault; the punishment, confinement in the county jail for a term of six months.
The information upon which this conviction is predicated reads as follows:
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4 cases
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Mayo v. State
...or a third party. In support of this position, Mayo cites article 21.21(3) of the Code of Criminal Procedure, as well as Sams v. State, 160 S.W.2d 265, 265-66 (Tex. Crim. App. 1942) (reversing conviction because the portion of the information on which the conviction was based was in the for......
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Hill v. State
...1080. As bearing upon the subject, see also the recent cases of Martin v. State, 142 Tex.Cr.R. 623, 156 S.W.2d 144, and Sams v. State, 143 Tex.Cr.R. 588, 160 S.W.2d 265. If in the present case the information upon its face purported to have been presented by the district or county attorney ......
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Lacy v. State
...the accusation therein made is by the affidavit of I. V. Sims and is not the presentment of the prosecuting attorney. Sams v. State, 143 Tex.Cr.R. 588, 160 S.W.2d 265. This was a trial before the court. The judgment recites that appellant 'pleaded 'guilty' to the information herein' and 'it......
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Gaines v. State
...which does not appear to have been presented by the prosecuting attorney is fatally defective and insufficient. Sams v. State, 143 Tex.Cr.R. 588, 160 S.W.2d 265, and Walton v. State, 162 Tex.Cr.R. 262, 284 S.W.2d 373. For such reason, the information in the instant case is Our state's attor......