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54 Tex. Crim. 430

114 S.W 804

Saye v. State

Court of Criminal Appeals of Texas

Decided October 28, 1908

Court of Criminal Appeals of Texas · decided 1908-10-28

<p>1. —Aggravated Assault—Indictment.</p> <p>Upon trial for aggravated assault is was not necessary to allege in the indictment defendant’s intent to injure.</p> <p>2. —Same—Evidence—Outcry—Cross-Examination.</p> <p>Upon trial for -aggravated assault for indecent familiarity upon a female, where there was no attempt hy the defense to prove statements contradictory of prosecutrix’s testimony on the trial, it was reversible error to permit the State on cross-examination and to admit in, evidence testimony of the prosecutrix that she had told her mother what had happened between prosecutrix and the defendant some weeks after it had happened. This does not come under the rule of recent outcry.</p> <p>3. —Same—Charge of Court—Indecent Familiarity.</p> <p>Upon trial of aggravated assault for indecent familiarity with a female, where the defendant requested a charge applicable to the facts in evidence, the same should have been submitted, inasmuch as the court’s charge was not sufficiently full on this issue.</p>

Decided 1908-10-28

BROOKS, Judge.

¶1 Appellant was fined $100 and thirty days confinement in the county jail.

¶2 The charging part of the indictment is as follows: “Will Saye on or about the 15th day of July in the year of our Lord, one thousand nine hundred and six, and anterior to the presentment of this indictment in the county of Delta 'and State of Texas, did then and there unlawfully commit an aggravated assault upon the person of Greetie Fowler by fondling, holding and embracing the said Greetie Fowler in an indecent manner. The said Greetie Fowler being then and there a female and the said Will Saye being then and there an adult male.”

¶3 Appellant filed a motion to quash1 the indictment on the ground that it does not allege 'his intent to injure. This is not necessary in an indidtment for either an assault or an aggravated assault. See Webb v. State, 35 S. W. Rep., 380.

¶4 The court charged all the law that is applicable to the facts of this case. The evidence is in strict accord with the allegations in the indictment. We have carefully reviewed! all of appellant’s special charges and find that all that were applicable to "ibis case were covered by the main charge of the court.

¶5 Finding no error in this record^ the judgment is affirmed.

¶6 Affirmed.

¶7 Ramsey, Judge, absent.

¶8 OH REHEARIHG.

¶9 December 12, 1908.

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