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5 Tex. Ct. App. 595

Trippett v. State

Court of Appeals of Texas

Decided July 1, 1879

Court of Appeals of Texas · decided 1879-07-01

Tried below before the Hon. W. S. Wright, County Judge. The appellant was found guilty of an aggravated assault and battery, and his punishment assessed at a fine of $100 and six months’ confinement in the penitentiary. .

Decided 1879-07-01

Ector, P. J.

¶1There is only one question which we deem it necessary to notice in this opinion, and that is presented in a bill of exceptions and in defendant’s motion for new trial. The court delivered to the jury a verbal charge* without the consent of the defendant, to which he excepted at the time. This was error, for which the judgment must be reversed and the cause remanded.

¶2Reversed and remanded.

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