Kelley v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Falls. Tried below before Hon. Sam R. Scott. Appeal from a conviction of aggravated assault, under a charge of assault with intent to murder; penalty, a fine of $250. The indictment charged appellant with assault with intent to murder L. B. De Walt (Boise De Walt), on the 22d day of February, 1898. The opinion states the case.
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Appeal from the District Court of Falls. Tried below before Hon. Sam R. Scott. Appeal from a conviction of aggravated assault, under a charge of assault with intent to murder; penalty, a fine of $250. The indictment charged appellant with assault with intent to murder L. B. De Walt (Boise De Walt), on the 22d day of February, 1898. The opinion states the case. The valentine, which caused the difficulty, was addressed to one Elias Smith, and was read at a valentine party given at Burt Brown’s on the night of February 14, 1898.,
1Opinion of the Court
BROOKS, Judge.
Appellant was indicted for an assault with intent to murder, and upon trial was convicted of an aggravated assault, and his punishment assessed at a fine of $250.
We will make a brief statement of the facts: Defendant had been accused by Boise De Walt and his brother, H. H. De Walt, of writing a scurrilous valentine, addressed to Lias Smith, which, among other things, stated Smith’s association with the De Walt girls in an offensive manner, etc. The evidence is conflicting on the proposition as to whether or not appellant wrote this valentine. At any rate, the De Walts stopped…
2Cases cited5 opinions
- Angley v. StateCourt of Criminal Appeals of Texas · 1896
- Russell v. StateCourt of Criminal Appeals of Texas · 1897
- Wright v. StateCourt of Criminal Appeals of Texas · 1896
- Martin and McCracken v. StateCourt of Criminal Appeals of Texas · 1897
- Stephens v. HobbsCourt of Appeals of Texas · 1896
3Cited by11 opinions
- Huddleston v. StateCourt of Criminal Appeals of Texas · 1908
- Alexander v. StateCourt of Criminal Appeals of Texas · 1918
- Carson v. StateCourt of Criminal Appeals of Texas · 1909
- State v. CorbittSupreme Court of South Carolina · 1921
- Commonwealth v. AndersonCourt of Appeals of Kentucky · 1916
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