A. & E. Dunman v. State

Citations

• 1 Tex. Ct. App. 593

Syllabus

<p>1. Principals.—If one person assaults another, and others are present acting together with the former, or, being present and knowing his unlawful intent, aid or encourage him in the commission of the offense, all are principal offenders, and a blow by one is a blow by each and all.</p> <p>2. Same—Assault and Battery.—Certain women and adult males were jointly indicted for an aggravated assault and battery upon a female. The court below charged the jury, in effect, that though the offense of the woman may have been only a simple assault and battery, yet that of their male confederates, if they were present, aiding, etc., would be aggravated assault and battery. Held, that, if there was error in this charge, it was not to the prejudice of any of the defendauts, but because it was too favorable to the female defendants, who, it is intimated, may, by their presence and participation, have been equally inculpated with their male confederates.</p>