BUSH v. STATE

No. 26473.

261 S.W.2d 158 (1953)

BUSH v. STATE.

Court of Criminal Appeals of Texas.

June 10, 1953.


Attorney(s) appearing for the Case

Heidingsfelder, Knight & Daniel, by Jack W. Knight, Houston, for appellant.

William H. Scott, Crim. Dist. Atty., King C. Haynie, Asst. Crim. Dist. Atty., Houston, Wesley Dice, State's Atty., Austin, for the State.


WOODLEY, Judge.

Appellant was convicted of aggravated assault under the count of the information which alleged that he did go into the house of a private family, to wit, the house of Harvey Kirkpatrick, and there commit an aggravated assault and battery on said Harvey Kirkpatrick. His punishment was assessed at a fine of $1,000 and two years in jail.

Art. 1147, P.C., Sec. 3, Vernon's Ann.P. C. art. 1147(3), provides that an assault and battery becomes aggravated...

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