Allen v. State

Citations

• 7 Tex. Ct. App. 298

Syllabus

<p>1. Aggravated Assault — Penalty. — The Revised Penal Code having ameliorated the penalty for aggravated assault, it was error, in a trial since it took effect, for an aggravated assault committed prior thereto, to give in charge to the jury the penalty prescribed by the original Code, unless the accused elected to receive that penalty.</p> <p>2. Former Conviction before a Justice’s Court for a r-i mple assault constituted, under the old Code, no bar to a subsequent prosecution for aggravated assault, though both prosecutions were based on the same breach of the peace. And the Revised Code of Criminal Procedure explicitly provides for this character of defence in future. Art. 553.</p> <p>3. “Child,” as used in the definition of aggravated assault, is not synonymous with minor, or one under twenty-one years of age, but is used in its ordinary signification.</p>