Legal Opinion

Barnes v. State

Court of Criminal Appeals of Texas

Decided April 20, 1898No. 1469PublishedCited by 8 opinions

The prosecuting witness, J. B. Landrum, testified: “On the 33d of November, 1897, Spink Gaines and I went to the field of the defendant. I went there for the purpose of having a settlement with him about the rent of some land and an account he was due me.

Read the full summary

The prosecuting witness, J. B. Landrum, testified: “On the 33d of November, 1897, Spink Gaines and I went to the field of the defendant. I went there for the purpose of having a settlement with him about the rent of some land and an account he was due me. When we got to the field where the defendant was we rode up to the cotton pile where he was, and I told him that I had come over for a settlement, and he said all right, and I began calling over the account, and he agreed to each item until I got to the small item for blaeksmithing. The defendant denied owing this, for the reason as he…

1Opinion of the Court

DAVIDSOH, Judge.

Appellant was convicted of an assault with intent to murder, and his punishment assessed at confinement in the peni-' tentiary for a term of three years; hence this appeal.

Two assignments of error are'urged which require notice: First, the ■court should have given a charge on aggravated assault; and second, the court should have instructed on threats, in connection with the charge on ■.self-defense.

With reference to the first contention, we would simply observe that we do not believe that there is any testimony in the record which required an instruction on aggravated assault.…

2Cited by8 opinions

  1. State v. JonesSupreme Court of South Carolina · 1925
  2. Roberson v. StateCourt of Criminal Appeals of Texas · 1917
  3. Bankston v. StateCourt of Criminal Appeals of Texas · 1915
  4. Sullivan v. StateCourt of Criminal Appeals of Texas · 1943
  5. Fielding v. StateCourt of Criminal Appeals of Texas · 1905

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API