Jones v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Walker. Tried below before Hon. A. T. McKinney, Special Judge. Appeal from a conviction for assault with intent to murder; penalty, seven years’ imprisonment in the penitentiary. Appellant was indicted for assault with intent to murder one Prank Smither, on the 3rd day of April, 1896. Smither was a white man, defendant a negro. The day before the shooting, the negro accosted Smither in a very familiar manner, calling him “Smither.”
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Appeal from the District Court of Walker. Tried below before Hon. A. T. McKinney, Special Judge. Appeal from a conviction for assault with intent to murder; penalty, seven years’ imprisonment in the penitentiary. Appellant was indicted for assault with intent to murder one Prank Smither, on the 3rd day of April, 1896. Smither was a white man, defendant a negro. The day before the shooting, the negro accosted Smither in a very familiar manner, calling him “Smither.” Smither resented his familiarity, and, in the altercation which ensued, gave defendant a beating. The next day defendant met…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of an assault with intent to murder, and appeals. He made an application for a continuance, based upon tvpo grounds: (1) “That since his incarceration, he has been denied access to the public, his family and friends, and they have been denied the privilege of consulting with him, and he has been thereby prevented from getting his case ready for trial;” and (2) “because there exists at the present term of this court so great a prejudice in the public mind against him that witnesses knowing facts material to his defense are terrorized and intimidated…
2Cases cited1 opinion
- Miller v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by9 opinions
- Lowe v. StateCourt of Criminal Appeals of Texas · 1920
- Lowe v. StateCourt of Criminal Appeals of Texas · 1920
- Singleton v. StateCourt of Criminal Appeals of Texas · 1961
- Bartlett v. StateCourt of Criminal Appeals of Texas · 1918
- Windham v. StateCourt of Criminal Appeals of Texas · 1913
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