Stevens v. State
| Decision Date | 10 April 1889 |
| Parties | STEVENS <I>v.</I> STATE. |
| Court | Texas Court of Appeals |
Appeal from Dallas county court; E. G. BOWER, Judge.
Steve Stevens appeals from a conviction for aggravated assault. According to the witness for the state, the defendant and Blasdell, who were solicitors for rival omnibus lines, got into a dispute while endeavoring to secure a certain passenger. While expatiating on the superior qualities of his bus the defendant held his walking-stick between the passenger and Blasdell's bus, when Blasdell told him to take it down. He replied that he would use it on Blasdell. Blasdell then pushed it out of the way, when defendant struck him two blows, and ran, — the second blow being the one described in the opinion. According to the witnesses for the defense, Blasdell called defendant a d____d black son of a bitch, and struck him two blows in the face, before defendant struck him. He struck Blasdell both blows while Blasdell was advancing on him. The motion for continuance set up that by the absent witness the defendant would prove that Blasdell cursed and abused defendant, and assaulted him, and that defendant struck Blasdell in self-defense, and while retreating before the advance of Blasdell. For diligence it was shown that the motion was filed on the day of the trial, October 18th; that the absent witness was a resident of the city of Dallas, in which the trial was had; that a subpœna was issued for him on October 8th, an attachment on October 9th, another subpœna on October 15th, and still another on October 18th, — all of which were returned "not found."
J. J. Eckford, for appellant. Asst. Atty. Gen. Davidson, for the State.
There were two counts in the information upon which this conviction was had, viz., one for an aggravated assault committed with a deadly weapon, and one for an aggravated assault, by which serious bodily injury was inflicted. In our opinion neither of these counts have been established by the evidence as disclosed in the record before us. The only evidence as to the character of the weapon used is that "it was a good-sized walking-stick, made of bois d'arc, and loaded." Defendant's witness testified that "the walking-stick was a fair-sized walking-stick." There is no evidence that it was a deadly weapon. As to the injury inflicted, the injured party, Blasdell, testified that "when he was struck again over the eye, this last blow partially stunned him, and the defendant ran off." The other state...
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Hays v. State, 44852
...the conviction of aggravated assault with a deadly weapon or aggravated assault inflicting serious bodily injury. See Stevens v. State, 27 Tex.App. 461, 11 S.W. 459 (1889). Appellant also complains of the court's failure to define 'serious bodily injury' in its charge despite his timely pre......
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Ener v. State
...of this type of assault. Each case is determined to some extent by its own particular facts and surroundings." See, also, Stevens v. State, 27 Tex.App. 461, 11 S.W. 459. Deeming the proper disposition of the case to have been made on the original hearing, the state's motion for rehearing is ...
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Tucker v. State
...the external effects have disappeared would seem to warrant a conclusion that the bodily injury inflicted was serious. Stevens v. State, 27 Tex. App. 461, 11 S. W. 459; Branch v. State, 35 Tex. Cr. R. 304, 33 S. W. The motion for rehearing will be overruled. ...
- O'Brien v. State
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Defenses and special evidentiary charges
...137, 12 S.W. 737 (1889); Bailey v. State , 38 S.W.3d 157 (Tex. Crim.App. 2001). • Walking stick: Stevens v. State , 27 Tex.Ct.App. 461, 11 S.W. 459 (1889). §3:670 Res Gestae of Arrest On the admission of evidence of possession of weapons as a corollary to another offense, see, Texas Crimina......
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Table of cases
...836 (Tex. App.—Austin, 1998, pet. ref’d) 10:390 Sterry v. State 959 S.W.2d 249 (Tex. App—Dallas 1997, no pet.) 4:100 Stevens v. State 11 S.W. 459 (Tex. Ct. App. 1889) 3:660 Stevenson v. State 895 S.W.2d 694 (Tex. Crim. App. 1995) 11:830 Stevenson v. State 963 S.W.2d 801 (Tex. App.—Fort Wort......