Garcia v. State
Court of Appeals of Texas
Appeal from the District Court of Travis. Tried below before the Hon. A. S. Walker. This was a conviction for an assault with intent to murder one Charles Landes. A term of two years in the penitentiary was the penalty assessed. Francisco Lopez was the first witness for the State. He testified that a Mexican came to the restaurant of Landes on the night alleged in the indictment and asked for Landes.
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Appeal from the District Court of Travis. Tried below before the Hon. A. S. Walker. This was a conviction for an assault with intent to murder one Charles Landes. A term of two years in the penitentiary was the penalty assessed. Francisco Lopez was the first witness for the State. He testified that a Mexican came to the restaurant of Landes on the night alleged in the indictment and asked for Landes. Witness pointed Landes out, when the Mexican drew a gun and presented it at Landes. The witness then ran for the police. Witness could not identify the defendant as the Mexican who drew the gun…
1Opinion of the Court
White, Presiding Judge.
This is an appeal from a judgment of conviction for an assault with intent to murder one Charles Landes.
We are of the opinion that the evidence is entirely insufficient to support the judgment rendered. On the trial the State put in evidence the voluntary statement of defendant, made after due caution. This statement was not only reasonable, but was probably true when viewed in the light of all the facts adduced in. evidence. The most that can be said of this statement is that it showed threats upon the part of the defendant against Landes upon the happening of…
2Cases cited1 opinion
- Delany v. StateTexas Supreme Court · 1874