Waddell v. State

Citations

• 1 Tex. Ct. App. 720

Syllabus

<p>1. Joinder of Offenses.—An indictment may, in distinct counts, charge. two or more offenses of the same character, though differing in degree. Weathersby v. The State, ante p. 643, cited and approved.</p> <p>2. Same in Misdemeanors.—Joinders of misdemeanors will not, in general,. vitiate in any stage of the prosecution.</p> <p>3. Same—Election.—Indictment for aggravated assault and battery so. charged the offense as to predicate it severally upon the 8d, 7th, and 8th subdivisions of Article 488 of the Penal Code. Paso. Dig., Art. 2150. The accused, excepted to the indictment on the ground of misjoinder of offenses, and, in case his exception was-overruled, moved that the state be required to elect on which charge it would proceed. Reid, that the exception and the motion were correctly overruled</p> <p>4. Assault in Aid of a Parent.—Though a son may forcibly repel an unlawful attack upon his parent, he is not allowed, when his parent is the assailant, to inflict injury on the party assailed.</p>