Metcalf v. State

Citations

• 21 Tex. Ct. App. 174
• 17 S.W. 142
• 1886 Tex. Crim. App. LEXIS 111

Syllabus

<p>1. Practice—Judgment.—In civil cases the trial court has full control over its judgments until the adjournment of the trial term, and can, upon its own motion, set aside or reform the same, or grant a new trial according to the justice of the ease, upon the merits as well as matters of form. The same rule applies to misdemeanor cases; and hence the trial court, in this case, did not err in correcting its judgment during the term at which it was rendered, so as to make it appear therefrom that the appellant had been convicted of an aggravated assault.</p> <p>2. Aggravated Assault—Pact Case.—See the opinion in extenso for evidence held insufficient to support a conviction for aggravated assault.</p>