DocketNumber: No. 5655
Citation Numbers: 25 Tex. Ct. App. 329
Judges: White
Filed Date: 4/7/1888
Status: Precedential
Modified Date: 9/3/2021
An “intent to injure” is an element absolutely essential to constitute the offense of assault and battery. (Penal Code, art. 475.) It is true that when an injury is caused by violence to the person the intent to injure is presumed, and it rests with the person inflicting the injury to show the accident or innocent intention. (Penal Code, art. 476.)
In this case the alleged injured party swore positively as a witness that the defendant did not intend to injure her, and did
Reversed and remanded.