
    (86 Tex. Cr. R. 272)
    POLDRACK v. STATE.
    (No. 5483.)
    (Court of Criminal Appeals of Texas.
    Nov. 26, 1919.)
    1. Assault and battery <§=>91—Sufficiency OE EVIDENCE OE ASSAULT UPON WOMAN.
    Evidence that defendant grabbed the alleged injured female with one hand, and put his other hand on her body at or near her privates, accompanying such acts with an insulting proposal to her, if believed by the jury, .would justify a verdict of guilty of assault and battery under Vernon’s Ann. Pen. Code 1916, art. 1009.
    2. Assault and battery <§=48—Elements.
    A man’s taking hold of a woman without her consent, and in such a way as to cause in her a sense of shame, or a disagreeable emotion of the mind/ is sufficient to constitute an as-' sault under Vernon’s Ann. Pen. Code 1916, art. 1009, and the slightest degree of force would constitute a battery.^
    3. Names <§=16(2)—Idem sonans.
    In a prosecution for simple assault, the alleged name of the injured party, “Matoska,” and her name as testified to, “Matosky,” are idem sonans.
    4. Criminal law <§=829(3) — Instruction JUSTIFYING REFUSAL OE SIMILAR REQUESTS.
    Ift a prosecution for an assault upon a woman, an instruction that before they could convict the jury must believe that the assault was committed “as alleged in the indictment” was sufficient, and justified refusal of requested charges thereon.
    Appeal from Williamson County Court; F. D. Love, Judge.
    Herman Poldrack was convicted of simple assault, and he appeals.
    Affirmed.
    J. P. Taulbee, of Georgetown, for appellant.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the county court of Williamson county of simple assault, and his punishment fixed at a fine of $5.

The charge as made in the indictment was that appellant unlawfully made an assault upon one Annie Matoska, by striking, wounding, and bruising her with his hands and fists.

The facts, as contended for by the state, show that appellant “grabbed” the alleged injured female with one hand, and put his other hand on her body at or near her privates, accompanying such acts with an insulting proposal to her. These facts, if believed by the jury, would constitute such a striking as to amount to an assault and battery.

The slightest degree of force would be such battery. Donaldson v. State, 10 Tex. App. 307; Ware v. State, 24 Tex. App. 521, 7 S. W. 240.

Taking hold of a woman without her consent, and in such a way as to cause, in her a sense of shame, or a disagreeable emotion of the mind, is sufficient, under our statute, to constitute an assault. Article 1009, Vernon’s Penal Code, and authorities cited.

The name of the injured party was alleged to be Matoska. Her husband said he always spelled it Matosky. We think the names idem sonans. Dickson v. State, 34 Tex. Cr. R. 1, 28 S. W. 815, 30 S. W. 807, 53 Am. St. Rep. 694; Alexander v. State, 25 S. W. 127; State v. Griffie, 118 Mo. 188, 23 S. W. 878; Foster v. State, 1 Tex. App. 531; Cline v. State, 34 Tex. Cr. R. 415, §1 S. W. 175; Ex parte Holland, 53 Tex. Cr. R. 301, 108 S. W. 1181.

The court charged the jury that before they could convict appellant they must believe that the assault was committed “as alleged in the indictment.” This was sufficient, and the court did not err in refusing the special charges asked by appellant. •

Finding no error in the record, the judgment of the trial court is affirmed.  