Wilms v. State

• Court: Texas Court of Criminal Appeals
• Writing for the Court: MORRISON
• Citation: Wilms v. State, 169 Tex.Crim. 436, 334 S.W.2d 825 (Tex. Crim. App. 1960)
• Decision Date: 27 April 1960
• Docket Number: No. 31862,31862
• Parties: George Thomas WILMS, Appellant, v. STATE of Texas, Appellee.

Page 825

334 S.W.2d 825

169 Tex.Crim. 436

George Thomas WILMS, Appellant, v. STATE of Texas, Appellee.

No. 31862.

Court of Criminal Appeals of Texas.

April 27, 1960.

Leon Lusk, Sam Hoover, Pasadena, for appellant.

Dan Walton, Dist. Atty., Carl E. F. Dally and F. M. Hooey, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is aggravated assault; the punishment, one year in jail.

Appellant's confession was introduced without objection which recited that he and his wife (the deceased) had been drinking on the night in question, that they got into an argument and then a first fight ensued in which appellant hit deceased in the face with his fist and she fell down. It recited further that she went to bed with her clothes on, that at 3:00 a. m. he heard her moaning, and at 7:30 he tried to awaken her but was unable to do so and called an ambulance.

It was shown by the testimony of two doctors that deceased died from a traumatic injury to the skull which in their opinion could have been inflicted by a blow from the fist of a person of appellant's size.

Though the indictment charged murder, the case was submitted to the jury on the law of aggravated and simple assault.

The sole questions presented for review relate to the court's charge. The bills of exception relating to the charge cannot be considered because the court refused the same and appellant took no further...