Prine v. State

Citations

• 41 Tex. 300

Syllabus

<p>Auterfoits convict.—Though a plea of auterfoits convict of a simple assault, founded on a trial before a justice of the peace,.is no bar to a subsequent prosecution for an aggravated assault founded ou the same act, the plea should be submitted to the jury, and the defendant acquitted, if they should find that a simple assault only had been committed. But if exceptions to the plea are sustained, and the accused convicted of an aggravated assault, the fact that the plea was not considered by the jury will furnish no ground for reversal.</p>