Burns v. State
Court of Appeals of Texas
" Appeal from the District Court of Falls. Tried below before the Hon. J. Abbott. The conviction was for the robbery of E. F. Davidson, and its result to the appellant a term of seven years in the penitentiary.
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" Appeal from the District Court of Falls. Tried below before the Hon. J. Abbott. The conviction was for the robbery of E. F. Davidson, and its result to the appellant a term of seven years in the penitentiary. The charging allegations of the indictment are set out in the opinion. ' E. E. Davidson, testifying for the State, said that he was a single man but a householder in Falls county, where he had resided since the year 1850. About eight o’clock in the morning of May 16, 1878, the defendant and Dr. Goodnight rode up to witness’s gate and hailed. Witness went out and talked to them for…
1Opinion of the CourtWillson, J.
The first question presented in this case for our determination is the sufficiency of the indictment. The charging part of the indictment is as follows: “that one J. R. Burns and Doctor Goodnight, whose given name is to the grand jurors unknown, late of said county, on the 16th day of May, A. D. eighteen hundred and seventy-eight, with force and arms in the county and State aforesaid, did then and there, in and upon the person of one E. F. Davidson, unlawfully, wilfully and *276feloniously make an assault, and him the said E. E. Davidson, by means of said assault, and by violence, in fear of his…
2Cases cited2 opinions
- Mitchell v. BassTexas Supreme Court · 1862
- Goins v. StateTexas Supreme Court · 1874
3Cited by1 opinion
- Robinson v. StateCourt of Criminal Appeals of Texas · 1930