Colquitt v. State

Citations

• 34 Tex. 550

Syllabus

<p>I. Language used by combatants to each other at the time and place of the assault is admissible in evidence as part of the res gesta.</p> <p>3. An assault or battery committed by one female upon another is not necessarily an aggravated assault or battery, though an assault or battery by an adult male on a female is made aggravated assault or battery by the express provisions of the Penal Code. (Article 3150, Paschal’s Digest.)</p> <p>3, It was error to instruct that a male defendant was eui]ty of an aggravated assault if he was present and consenting to a simple assault by one female upon another, whether he aided the aggressor or not.</p>