Silva v. State

• Court: Texas Court of Criminal Appeals
• Writing for the Court: Krueger
• Citation: Silva v. State, 215 S.W.2d 887, 152 Tex.Cr.R. 545 (Tex. Crim. App. 1948)
• Decision Date: 22 December 1948
• Docket Number: No. 24205.,24205.
• Parties: SILVA v. STATE.

215 S.W.2d 887

SILVA v. STATE.

No. 24205.

Court of Criminal Appeals of Texas.

December 22, 1948.

Commissioners' Decision.

Appeal from El Paso County Court at Law; M. V. Ward, Judge.

Enrique Silva was convicted for aggravated assault and he appeals.

Judgment affirmed.

Fryer & Milstead, of El Paso, for appellant.

Ernest S. Goens, State's Atty., of Austin, for the State.

KRUEGER, Judge.

Appellant was convicted for the offense of aggravated assault and his punishment was assessed at confinement in the county jail for a period of one year.

It was charged in the complaint and information that on the 13th day of December, 1947, appellant, in the County of El Paso, State of Texas, did unlawfully commit an aggravated assault upon Miguel Navarro by then and there cutting, striking, and stabbing him with a knife, and did thereby inflict upon Miguel Navarro serious bodily injury.

Appellant challenges the sufficiency of the evidence to sustain his conviction. The record reflects that appellant did cut the injured party with a pocket knife inflicting several minor wounds and one severe wound on the thigh of one leg which severed a large artery and several of the most important muscles. The injured party was taken to the county hospital for medical treatment where he remained under the care of a physician four days and then he was taken to a hotel where Dr. Miller put the leg in a cast; that as a result of the injury to his leg he could not kneel down very well. The cut was ten inches across the leg, extending nearly to the bone.

In his charge, the court instructed the jury what would constitute a serious injury; "that it was such an injury as would give rise to apprehension, or attended with danger." This definition has been approved by this court as being correct. Under the facts of this case and the court's instruction of what constitutes a serious injury, the jury found that the injury inflicted by appellant on his victim was a serious injury and the jury's verdict, under the facts of this case, is binding on this court. See Svidlow v. State, 90 Tex.Cr.R. 510, 236 S.W. 101.

Appellant brings forward four bills of exception. By Bill of Exception No. 1 he complains of the action of the trial court in declining to instruct the jury to return a verdict of not guilty. We perceive no error in the court's action in this respect.

Bills of Exception Nos. 2 and 3 complain of the action of the court in not responding to his objections to some portion of the...