Gaston v. State

Citations

• 11 Tex. Ct. App. 143

Syllabus

<p>1. Transfer of Misdemeanor Cases from the District to Inferior Courts.— Certificate of the district clerk which sets out that “ the foregoing is a true copy of all the proceedings taken in the above case in the District Court, together with a true statement of the bill of costs accrued therein in the District Court, and that the indictment and all papers relating to the same on file in said court, are herewith transmitted,” is a substantial compliance with art. 437, Code Grim. Proc.</p> <p>2. Practice — Continuance — Bill of Exceptions.—The action of the trial-court in refusing a continuance will not be revised unless challenged there and presented to this court by an authenticated bill of exceptions. Recital in the judgment that a continuance was refused, and that the defendant excepted, will not supply the place of a specific bill of exceptions.</p> <p>3. Diligence.— Acceptance of service of a subpoena on the morning of the trial by a witness who resided eleven miles distant from the court-house, is not such diligence as, in the event of the nonattendance of the witness, will authorize a continuance. See the opinion with respect to the service of subpoena by acceptance.</p> <p>4. Aggravated Assault and aggravated assault and battery being synonymous as used in our statute, the technical inaccuracy of their use as convertible terms is not an objection to the charge of the court.</p> <p>5. Same.—Want of specific proof that the defendant was an adult male is not an available objection, when the record shows that the question was not in controversy below, and is not suggested by the facts in evidence.</p> <p>6. Charge of the Court.— The defense asked a charge for acquittal, if the jury believed from the evidence that when the defendant struck the prosecuting witness with a plow-line she was in the act of turning defendant’s mule from a water-trough, though admonished not to do so, whereupon he struck her with'the plow-line: Held, properly refused as being a charge