Ponton v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Lavaca. Tried below before Hon. T. H. Spooner. This appeal is from a conviction for assault with intent to murder, the punishment being assessed at two years’ imprisoment in the penitentiary. There is no statement of facts in the record.
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Appeal from the District Court of Lavaca. Tried below before Hon. T. H. Spooner. This appeal is from a conviction for assault with intent to murder, the punishment being assessed at two years’ imprisoment in the penitentiary. There is no statement of facts in the record. That portion of the charge of the court which was excepted to, and which is discussed in the opinion, is as follows, viz: “Now, if you believe from the evi- dence, beyond a reasonable doubt, that defendant did, in Lavaca County, State of Texas, on or about the 24th day of December, 1895, cut and wound S. J. Thompson with a…
1Opinion of the Court
HURT, Presiding Judge.
Conviction for an assault with intent to murder. To constitute this offense, the accused must have committed an assault and battery, or an assault. To constitute an assault and battery, unlawful violence must be inflicted upon the person charged to have been assaulted—not merely violence, but it must be unlawful violence. To constitute an assault, there must be an attempt to inflict unlawful violence upon the person, or the accused must make a threatening gesture, showing in itself, or by words accompanying it, an immediate intention, coupled with the ability, to inflict…
2Cited by2 opinions
- Vineyard v. StateCourt of Criminal Appeals of Texas · 1923
- Young and Longwood v. StateCourt of Criminal Appeals of Texas · 1912