Owens v. StateOwens v. State
- Reporters:
- , ,
- Before:
- Davidson
Appellant was convicted of aggravated assault on his wife. One of the State’s witnesses, named Johnson, a policeman, testified he heard quarreling in the room where appellаnt and his wife were; he broke the door open and enterеd, and as he did so appellant threw a lighted lamp at his wife and struck her on the head or in the face; that the lamp left appellant’s hand just as he entered the room; that this made cuts on the face of appellant’s wife from which she bled prefusely. Morgan, another policeman, entered the room at the same time as did Johnson. He contradicts Johnson as to the throwing of the lamp. He states he heard glass break in the room before entering. Bobinson testified for the State also that he was in a room upstairs and heard the crashing of a lamp or glass like someone had thrown it, and heard Mrs. Owens crying; that he immediately rushed downstairs, and at the foot of the stairway, which is оn the sidewalk and right in front *130 of defendant’s room, he saw the officers just entering. That he stood immediately back of them about eight fеet, and followed them in the room. Mrs. Owens was bleeding about the fаce, and was crying. Under his testimony the lamp was thrown, if at all, before he came downstairs, and before the officers cоuld have entered the room. -All the witnesses present stated thаt as they entered the room and while the matter was under discussiоp, Mrs. Owens stated that the striking her was an accident, and under that рhase of the testimony it was claimed that the lamp was giving trouble and appellant picked it up and threw it, intending to throw it out of the room, and that in throwing it he accidentally struck Mrs. Owens. This was the direct testimony of appellant himself who testified in his own behalf. In this connection he says: “The glass lamp we had looked like it was going to explode; it was setting on the desk near the door. I picked up the lamp and holloed at the same time to my wifе to open the door. I turned, and as I did I throwed the lamp; my wife had not got the door open, as it was locked or latchеd, and the lamp struck her in the face or on the head, or it might hаve struck the wall and the pieces flew and struck her; any way, shе was hit and she bled. The officers come and arrested me. Í did nоt throw at Mrs. Owens and did not intend to strike her. I and she both told the officеrs it was an accident.” This is a sufficient statement of the evidenсe.
1. The court charged the jury that if they should find that appellаnt assaulted his wife, it would be an aggravated assault, and gave thеm the appropriate punishment in the charge. He charged also with reference to burden of proof, presumption of innocence and reasonable doubt, and further, thаt the jury were the exclusive judges, of the facts proved, crеdibility of the witnesses, and weight to be given testimony. Appellant askеd the court to charge the jury that if they should find that the assault or thе wounds, inflicted upon Mrs. Owens was an accident not intentional, they should give appellant the benefit of the doubt and acquit him. This wаs refused, and an exception properly reserved by bill of exceptions. This charge ought to have been given, and because it was not, this judgment will be reversed and the cause remanded.
Reversed and remanded.