WARD v. STATE

No. 25475.

243 S.W.2d 695 (1951)

WARD v. STATE.

Court of Criminal Appeals of Texas.

November 21, 1951.


Attorney(s) appearing for the Case

Roger Lewis, Alexander D. McNabb, Dallas, for appellant.

Henry Wade, Crim. Dist. Atty., Jimmie MacNicoll, Asst. Dist. Atty., William C. Dowdy, Jr., Asst. Dist. Atty., Robert L. Shaw, Asst. Dist. Atty., Dallas, George P. Blackburn, State's Atty., Austin, for the State.


BEAUCHAMP, Judge.

Appellant was convicted for an aggravated assault on his 22 months old child and assessed a penalty of 730 days in jail.

The evidence in the case shows an unmerciful whipping of the child of such tender age and would sustain the conviction, had the trial been conducted according to law. There are numerous errors pointed out but we will discuss only those which might occur on another trial.

Appellant's Bill of Exception No. 4 complains...

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