Warriner v. State

Citations

• 3 Tex. Ct. App. 104

Syllabus

<p>Former Oosviotioit. — On his trial for aggravated assault the accused pleaded former conviction, and introduced a justice’s judgment convicting and fining him for a simple assault committed on the same person and at the same time as the alleged offense on trial. The state, in rebuttal, proved that the justice of the peace acted without affidavit or warrant of arrest, and examined no witnesses; and his judgment showed that it was rendered on the submission and demand of the accused. B.eld, that the justice’s proceeding placed the accused in no jeopardy, and constitutes no bar to the prosecution for aggravated assault.</p>