Buie v. StateBuie v. State
Lead Opinion
The appellant was tried and convicted of the offense of aggravated assault and battery, and his punishment was assessed at confinement in the county jail for a term of one year.
It appears from the record that on the night of January 20, 1934, while Floyd Hoskins was out driving with his family the аppellant’s car collided with that of Hoskins resulting in a bent and broken fender. Hoskins followed the appellant to the town of Lefors and asked him to come look at his car and see what damages he had done, which the appellant declined to do. Hos-kins then cаlled him “yellow” and returned to his car with a view of continuing his ride with his family. About the time that he had entered his car the appellant approached Hoskins’ car and when Hoskins attemptеd to get out of his car the appellant struck him with some instrument, knocking him down and inflicting serious bodily injury uрon him. Hoskins was taken to a hospital where he lay unconscious until the next day about noon. The appellant plead self-defense and offered testimony in support thereоf. The court in his charge, to which no objections were made, submitted the issue to the jury who found аgainst appellant’s plea of self-defense and found him guilty of aggravated assault and battery.
From the record before us we think that the verdict of the jury is supported by the testimony. Therefore, the judgment of the trial court is in all things affirmed.
Affirmed.
Morrow, P. J., absent.
The foregoing opinion of the Commission of Aрpeals has been examined by the Judges of the Court of Criminal Appeals and apprоved by the Court.
Addendum
ON MOTION FOR REHEARING.
Appellant was indicted for assault with intent to murder Floyd Hoskins. The court did not submit the issue оf assault with intent to murder. The issue submitted was whether appellant was guilty of aggravated assault resulting from the infliction of serious bodily injury upon Hoskins. The evidence shows that appellant struck Hоskins upon the back of the head with an object which was twelve or thirteen *656 inches long, the exact nature of which was not known. Three stitches were required to close the wound. Hoskins wаs rendered unconscious by the blow. The wound was received in the early part of Saturday night. Hе was taken to the hospital where he remained unconscious until ten or eleven o’clock on Sunday, and was kept at the hospital until Monday afternoon. No physician was сalled to testify as to the nature and probable result of the injury. Appellant contended upon original submission and urges upon rehearing that under the facts the injury sustained by Hoskins was not shown tо be of that serious character which would support a conviction for aggravatеd assault.
In Chapman v. State, 73 S. W. .(2d) 536, attention was called to the fact that the opinions of this court were not in harmony upon the subject. A number of cases were cited pro and cоn upon the question of what had been held by this court to be and not to be serious bodily injuries. The following cases with more or less cogency, depending upon the facts, support aрpellant’s contention. George v. State, 21 Texas App., 315; Wilson v. State,
“We think a blow in the face which knocks a grown man down, renders him unconscious for two or three hours, fractures his jawbone and knocks out some of his teeth, is a serious injury.”
While in the present case we have no broken jawbone, and no lost teeth, yet, the facts do show that Hoskins remained unconscious for more than twelve hours. We are not willing to hold as a matter of law that an injury which produces such results is of a trivial or light character.
Appellant’s motion for rehearing is overruled.
Overruled.