1875.] MooRING v. THE STATE. 85
Statement of the case.
question in the case is, Did appellant have the right to
abandon his security, as set up in his suit, and obtain
judgment on the note? The time extending the payment
of the note having expired, there is nothing in the mortgage
to prevent the plaintiff from prosecuting his suit on
the note into a judgment. After accepting the provisions
of the mortgage, he could not disregard the terms of payment
and enforce satisfaction of his debt out of the rnortgage
property, contrary to the order of payment, as provided
in the mortgage, but still no sufficient reason is seen
why he should not have judgment on the note without the
security as requested.
The judgment of the District Court is reversed and
REVERSED AND REMANDED.
J. C. MOORING V. THE STATE.
PRACTICE.-In misdemeanors the defendant must except to the charge
of the court at the time, and must ask additional instructions he
niay desire, aud, unless he does so in the court below, such action
Vwill not be revised.
AGGRAVATED ASSAULT.-See facts held sufficient to authorize a convictiou
for aggravated assault.
APPEAL from Raines. Tried below before the Hon. Z.
J. E. Mooring was indicted for an aggravated assault
upon Peter Bullard " with a certain knife, the same being
a deadly weapon."
The testimony adduced on the trial sufficiently appears
in the opinion.
The court gave in charge the statutory definition of an
assault, and the law as to aggravated assault charged in
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed September 1, 2014.