Flournoy v. State
Texas Supreme Court
Appeal from Jackson. Indictment for assault and battery-on John L. Grace. Defendant was drinking in Grace’s bar room, and became very drunk and excited, and used abusive language ; Grace tried to quiet him ; defendant drew out a small self-cocking pistol, which was immediately wrested from his grasp by a bystander; defendant remarked it was not loaded ; he did not present it; it had no cap on; defendant then pushed Grace back behind the counter and choked him.
Read the full summary
Appeal from Jackson. Indictment for assault and battery-on John L. Grace. Defendant was drinking in Grace’s bar room, and became very drunk and excited, and used abusive language ; Grace tried to quiet him ; defendant drew out a small self-cocking pistol, which was immediately wrested from his grasp by a bystander; defendant remarked it was not loaded ; he did not present it; it had no cap on; defendant then pushed Grace back behind the counter and choked him. The defendant was then taken away by a bystander. Witness did not examine to see whether the pistol was loaded.— The defendant asked…
1Opinion of the CourtWheeler, J.
The Court did not err in refusing the instructions asked by the defendant. It was not in proof that the pistol was not loaded : and if it had been, the instructions asked would not have enlightened the jury as to the character of the instrument, or their duty. Every man of ordinary understanding must know, whether such a weapon, as that described, was a deadly weapon ; and the Court is not required to instruct the jury as to matters of which they are supposed to possess a competent knowledge.
We do not concur with the counsel in the opinion that the punishment imposed by the jury was…
2Cited by3 opinions
- State v. LarkinMissouri Court of Appeals · 1887
- Bella v. State, Texas Court of Appeals, 8th District (El Paso)1990
- Burton v. StateCourt of Appeals of Texas · 1878