Bolding v. State

Citations

• 23 Tex. Ct. App. 172
• 4 S.W. 579
• 1887 Tex. Crim. App. LEXIS 44

Syllabus

<p>1. Aggravated Assault—Indictment.—By an unbroken line of decisions in the Supreme as well as this court it has been as it is now held, that a conviction for aggravated assault may be had under an indictment for assault with intent to murder, notwithstanding no circumstance of aggravation be alleged in the indictment. (Hurt, J., dissents.)</p> <p>2. Assault—Authority of School Teachers.—The law confides to teachers a discretionary power to punish their pupils, and exonerates them from responsibility unless the punishment be excessive or malicious. Moderate restraint and correction of a pupil by his teacher is not an offense, but is authorized by law; and it seems that the authority of a teacher is not limited to the time the pupil is at the school room or under the actual control of the teacher.</p> <p>3. Jury Law.—On the voir dire of a juror he said he had heard a person in whom he had confidence make a statement of the case, based not upon his own knowledge but on hearsay, and thereupon he, the juror, had formed a conclusion provided the statement was true, but had formed no conclusion as to whether or not it was true. Held, not a disqualifying conclusion.</p> <p>4. Same.—The mere fact that the trial court erroneously overruled a good challenge for cause to an unqualified juror, and thereby necessitated the defense to expend a peremptory challenge on him, is not reversible error where it does not appear that any objectionable juror was forced upon the defendant.</p>