Wilcher v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Smith. Tried below before Hon. B. W. Simpson. Appeal from a conviction of aggravated assault, on an indictment for robbery; penalty, a fine of $250 and twenty days confinement in the county jail. The State’s witnesses, Jim Wright and Joe Bay, testified that they, together with appellant and others, had been at a dance.
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Appeal from the District Court of Smith. Tried below before Hon. B. W. Simpson. Appeal from a conviction of aggravated assault, on an indictment for robbery; penalty, a fine of $250 and twenty days confinement in the county jail. The State’s witnesses, Jim Wright and Joe Bay, testified that they, together with appellant and others, had been at a dance. That after the dance was over, all these parties, about eight in number, left, going in the same direction, until they reached a bridge. When the above named turned east to go home and sat down on the side of the road to wait, for another…
1Opinion of the Court
BROOKS, Judge.
Appellant was indicted for robbery, was convicted of aggravated assault, and his punishment fixed at a fine of $250 and twenty days in jail. The court’s charge presented the law of assault, assault with intent to rob, and aggravated assault. In the third paragraph of the motion for new trial, appellant complains that the court erred in failing to submit to the jury a charge on alibi. The testimony of appellant makes out a complete ease of alibi. Ho requested charge was asked by appellant on this issue. Before the enactment of article 723, Code Criminal Procedure, it was held…
2Cited by1 opinion
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