# Calvert v. State

> Court of Criminal Appeals of Texas · November 11, 1914 · 75 Tex. Crim. 229

URL: https://www.frixlaw.com/law-library/cases/3909742

## Case

- **Full name:** Halbert Calvert v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 11, 1914
- **Citations:** 75 Tex. Crim. 229; 170 S.W. 744; 1914 Tex. Crim. App. LEXIS 460
- **Precedential status:** Published
- **Opinion:** Concurrence by Harper
- **Judges:** Davidsoh, Harper, Prendergast
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3909742

## Opinion text

HARPER, Judge.
—I concur in the reversal of the case, because in my opinion the evidence would not support a verdict finding appellant guilty of aggravated assault. The only serious injury shown is that in the back of the head, caused by Woody striking something in his fall. This injury, in my opinion, the evidence does not even suggest was the necessary or probable result of appellant’s acts, and could not have been contemplated by him when he struck Woody in the face for calling him a liar. The blow in the face caused no injury, and the witnesses all say that it was but the spontaneous act of a man when called a liar.
The other matters presented, I do not think present any error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3909742. Public record. Not legal advice.