Veal v. State

Citations

• 8 Tex. Ct. App. 474

Syllabus

<p>1. Aggravated Assault.—Violent and indecent familiarity by an adult male with the person of a female, against her will, is an ■ aggravated assault.</p> <p>2. Same — Evidence. — On trial of an adult male for aggravated assault on the person of a female, by violent and indecent familiarity, it is not competent for the State to put in evidence complaints made by the injured female immediately after the assault, unless they come within the rule of res gestee, and are voluntary, spontaneous, and contemporaneous with and illustrative of the main fact. Otherwise in cases of rape and assaults with intent to commit rape, when in rebuttal it is limited to the purpose of supporting the truth and establishing the accuracy of the testimony of the prosecuting witness.</p> <p>3. Same. •—• The statement of facts in a case of this character need not show in ipsissimis verbis that the defendant was an adult male and the injured party a female. Sufficit that he is proved to have been a man—preacher and a presiding elder — and she a wife and mother.</p> <p>4. Penalty. — When, subsequent to the commission of an offence, but before trial, the punishment affixed by law has been ameliorated, the accused should be punished under the new law, unless he had elected to receive the penalty affixed by the old law.</p> <p>5. Practice in Court of Appeals. — The general rule that in misdemeanors this court will not revise errors not saved by bill of exceptions, is subject to exception in cases where it is apparent that a fundamental error has been committed through the misdirection of the jury.</p>