Davis v. State
Court of Appeals of Texas
Appeal from district court of Denton. Tried below before the Hon. F1. E. Finer. The conviction in this case was for maiming one 0. B. Marsters by shooting off his toe. The penalty assessed against the-appellant was a term of two years in the penitentiary. C. B. Marsters was the first witness for the State. He testified that on the morning of April 7, 1886, he went with his wagon to. the pasture of Sam Reynolds, in Denton county, to get a load of wood.
Read the full summary
Appeal from district court of Denton. Tried below before the Hon. F1. E. Finer. The conviction in this case was for maiming one 0. B. Marsters by shooting off his toe. The penalty assessed against the-appellant was a term of two years in the penitentiary. C. B. Marsters was the first witness for the State. He testified that on the morning of April 7, 1886, he went with his wagon to. the pasture of Sam Reynolds, in Denton county, to get a load of wood. While engaged in loading his wagon, at a point some fifteen or twenty feet from the pasture fence, along which the public road ran, the…
1Opinion of the Court
Willson, Judge.
Maiming, by our-Penal Code, is defined as follows : “To maim is to wilfully and maliciously cut off or otherwise deprive a person of the hand, finger, toe, foot, leg, nose, or ear; to put out an eye, or in anyway deprive the person of any other member of his body.” (Penal Code, Art. 507.)
In this case the defendant was charged by proper indictment with having maimed C. B. Marsters by shooting off a toe of the said Masters. This charge is amply supported by the evidence as to the act of shooting, and the result of -such act, and the only-question presented by the record which we…
2Cited by6 opinions
- State v. TrujilloNew Mexico Supreme Court · 1950
- Rankin v. StateCourt of Criminal Appeals of Texas · 1940
- United States v. GuntherSupreme Court Of The Territory Of Dakota · 1888
- Corson v. StateCourt of Criminal Appeals of Texas · 1945
- Scott v. StateCourt of Criminal Appeals of Texas · 1956
1 more not listed; retrieve them via the Exa API.