Crist v. State
Court of Appeals of Texas
Appeal from the District Court of Parker. Tried below before the Hon. R. E. Beckham. The conviction in this case was for an assault with intent to murder one S. L. Smith, in Parker county, Texas, on the twenty-second day of July, 1885. The penalty assessed against the appellant was a term of two years in the penitentiary. S. L Smith was the first witness for the State.
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Appeal from the District Court of Parker. Tried below before the Hon. R. E. Beckham. The conviction in this case was for an assault with intent to murder one S. L. Smith, in Parker county, Texas, on the twenty-second day of July, 1885. The penalty assessed against the appellant was a term of two years in the penitentiary. S. L Smith was the first witness for the State. He testified that in July, 1885, he lived in Parker county, Texas, about eight miles distant from Weatherford. The defendant and a Mrs. Anderson occupied a house a short distance from witness’s house. On the twenty-first day of…
1Opinion of the Court
Hurt, Judge.
The conviction in this case was for an assault with intent to murder. It is insisted that, as there was evidence tending to prove that appellant acted in self defense, the court erred in not properly defining an assault, so that the jury could properly understand that portion of the charge in which the jury were instructed: “If you believe from the evidence that *366defendant did commit an assault upon said Smith, yet, if you further believe from the evidence that at the time said Smith was making an assault upon the defendant, or if it reasonably appeared, etc., then you should…
2Cited by13 opinions
- Vaughn v. State, Texas Court of Appeals, 1st District (Houston)1994
- Brown v. StateCourt of Criminal Appeals of Texas · 1959
- Kohler v. StateCourt of Criminal Appeals of Texas · 1973
- Berry v. StateCourt of Criminal Appeals of Texas · 1916
- United States v. GradyUnited States Court of Military Appeals · 1962
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