Curtis v. State

Citations

• 22 Tex. Ct. App. 227
• 3 S.W. 86
• 1886 Tex. Crim. App. LEXIS 248

Syllabus

<p>1. Aggravated Assault and Battery—Former Acquittal and Conviction—Jeopardy—Murder—Case Approved.—A conviction for aggravated assault and battery under an indictment for assault with intent to murder will not operate to bar a prosecution for murder after the death of the assaulted party, the death resulting from the same transaction. Plea of former acquittal, conviction and jeopardy, based upon the trial of the defendant under an indictment for assault with intent to murder, and his conviction for aggravated assault and battery, prior to the death of the assaulted party, interposed to a prosecution for murder after the death of a party, was properly rejected by the jury in this ease. Note the opinion for an approval of the doctrine laid down in Johnson’s ease, 19 Texas Court of Appeals, 458; and note also the distinction between the cases held immaterial in principle.</p> <p>2. Negligent Homicide—Evidence—Charge op the Court.—See the statement of the case for evidence in a murder trial held to demand a charge upon negligent homicide in the second degree.</p>