Moody v. State

Court of Criminal Appeals of Texas

Moody v. State

120 S.W. 196, 56 Tex. Crim. 393, 1909 Tex. Crim. App. LEXIS 266

CourtCourt of Criminal Appeals of Texas

DecidedJune 2, 1909

DocketNo. 4070.

StatusPublished

This text of 120 S.W. 196 (Moody v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moody v. State, 120 S.W. 196, 56 Tex. Crim. 393, 1909 Tex. Crim. App. LEXIS 266 (Tex. 1909).

Pincite

Opinion

BROOKS, Judge.

Appellant was convicted of an aggravated assault and his punishment assessed at a fine of $50.

The information in this ease charges appellant with making an aggravated assault upon W. J. Sheldon, who was then and' there incompetent from physical defects produced by the loss of the right hand, to such an extent as to render the said W. J. Sheldon comparatively helpless in a personal conflict with the said Ed Moody. The complaint says to such an extent as to render the said W. J. Sheldon comparatively helpless in a personal conflict with the said John Moody. .This makes a fatal variance between the complaint and the information.

The judgment is accordingly reversed and the prosecution ordered dismissed.

Reversed and dismissed.

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BROOKS, Judge.

Appellant was convicted of an aggravated assault and his punishment assessed at a fine of $50.

The information in this ease charges appellant with making an aggravated assault upon W. J. Sheldon, who was then and' there incompetent from physical defects produced by the loss of the right hand, to such an extent as to render the said W. J. Sheldon comparatively helpless in a personal conflict with the said Ed Moody. The complaint says to such an extent as to render the said W. J. Sheldon comparatively helpless in a personal conflict with the said John Moody. .This makes a fatal variance between the complaint and the information.

The judgment is accordingly reversed and the prosecution ordered dismissed.

Reversed and dismissed.

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Bluebook (online)

120 S.W. 196, 56 Tex. Crim. 393, 1909 Tex. Crim. App. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moody-v-state-texcrimapp-1909.