Virgil v. State

Court of Criminal Appeals of Texas

Virgil v. State

29 S.W.2d 394, 115 Tex. Crim. 123, 1930 Tex. Crim. App. LEXIS 367

CourtCourt of Criminal Appeals of Texas

DecidedMay 21, 1930

DocketNo. 13355.

StatusPublished

Cited by1 cases

This text of 29 S.W.2d 394 (Virgil 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

Virgil v. State, 29 S.W.2d 394, 115 Tex. Crim. 123, 1930 Tex. Crim. App. LEXIS 367 (Tex. 1930).

Pincite

Opinion

LATTIMORE, Judge.

Conviction for simple assault; punishment, a fine of $5.00.

A motion for new trial on the ground of newly discovered evidence must be sworn to. Barber v. State, 35 Texas Crim. Rep. 70; Dodson v. State, 92 Texas Crim. Rep. 488; Miles v. State, 99 Texas Crim. Rep. 337.

We think one charged with an assault by striking another man with his fist, could not complain of a variance upon conviction supported by proof that he violently caught the alleged injured party by the throat with his hands. These are the only matters complained of.

Finding no error in the record, the judgment will be affirmed.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI