Snowden v. State

Citations

• 12 Tex. Ct. App. 105

Syllabus

<p>1. Assault—Battery.—In article 490 the Penal Code provides that violence to the person does not amount to assault or battery when inflicted in the exercise of the right of moderate restraint or correction given by the law to the parent over the child, etc. Held, that this provision applies not only to the real parent but also to a person who stands in loco parentis.</p> <p>2. Same—Evidence.— In a trial for aggravated assault upon a girl fifteen years old, it was in proof that she lived with the defendant, who was her elder brother, and who provided her with board, lodging-; clothing and schooling. Held, that such evidence entitled the defense to call upon the court to give in charge to the jury the parental right of correction recognized by article 490 of the Penal Code.</p> <p>3. Charge oe the Court.—When there is evidence tending to support the exculpatory theory of the defense as well as the inculpatory theory of the State, the law applicable to both hypotheses should be given in charge to the jury.</p>