Bradberry v. State
Court of Appeals of Texas
Appeal from the District Court of Hunt. Tried below before the Hon. J. A. B„ Putman. A term of two years in the penitentiary was assessed against the appellant upon his conviction for assault with intent to murder, under an indictment the charging point of which reads as follows: x * * % * _..iat JamesBradberry, late of the county of Hunt and State or Texas, did, with force and arms, in the county of Hunt and State of Texas, on the sixth day of March, A. D. 1886, with his…
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Appeal from the District Court of Hunt. Tried below before the Hon. J. A. B„ Putman. A term of two years in the penitentiary was assessed against the appellant upon his conviction for assault with intent to murder, under an indictment the charging point of which reads as follows: x * * % * _..iat JamesBradberry, late of the county of Hunt and State or Texas, did, with force and arms, in the county of Hunt and State of Texas, on the sixth day of March, A. D. 1886, with his malice aforethought, make an assault in and upon the person of one K. C. Hart, with a certain pistol, the same being a…
1Opinion of the Court
White, Presiding Judge.
This indictment, which is for assault with intent to murder, is assailed as insufficient because it does not aver that the pistol—the weapon alleged to have been used in the commission of the offense—was charged, nor does it otherwise allege that defendant had a present ability to inflict an injury. In support of this position we are cited to Robinson v. The State, 31 Texas, 171. That opinion does sustain the position, it is true, but no authority is cited in support of the opinion, and if the doctrine therein enunciated ever was the law it has long since ceased to be…
2Cases cited1 opinion
- Prigeon v. SmithTexas Supreme Court · 1868
3Cited by8 opinions
- State v. BealNew Mexico Supreme Court · 1944
- State v. MitchellSupreme Court of Iowa · 1908
- Harris v. AllisonCourt of Appeals of Texas · 1928
- Heidingsfelder v. StateCourt of Criminal Appeals of Texas · 1935
- Panhandle & S. F. Ry. Co. v. LairdCourt of Appeals of Texas · 1920
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