George v. State

Citations

• 11 Tex. Ct. App. 95

Syllabus

<p>1. Aggravated Assault.— Clause 5, article 496 of the Penal Code declares that an assault becomes aggravated when committed by an adult male on a female or child, or by an adult female on a child. Meld, that “adult” means a person who has attained the age of twenty-one years; and in a prosecution based on this clause the State must prove that the defendant was an adult when the assault was committed.</p> <p>3. Same.—But, under clause 6 of the same article, a male minor could, it seems, commit an aggravated assault on a female by violent familiarity with her person, against her will, with intent to have sexual knowledge of her.</p> <p>3. Plea.—Without a plea made by or entered for the defendant, there is no issue to warrant the introduction of evidence, and nothing to try. The ruling on this subject in Cole v. State, ante, p. 67, referred to and approved.</p> <p>4. Evidence—Practice.—The ruling in Hewitt v. State, 10 Texas Ct. App. 501, cited with approval.</p>