Virgil v. State
Virgil v. State
29 S.W.2d 394; 115 Tex. Crim. 123; 1930 Tex. Crim. App. LEXIS 367
(South Western Reporter, Second Series)
Virgil v. State
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.