Johnson v. State
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. M. H. Bonner. Claiborne Johnson was indicted for an assault with intent to kill and murder one William Ross. Ross testified that while he was plowing in his field Johnson, who was in the road outside of the field, addressed him, saying, “Come and take a drink with me,” to which Ross made no answer.
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Appeal from Rusk. Tried below before the Hon. M. H. Bonner. Claiborne Johnson was indicted for an assault with intent to kill and murder one William Ross. Ross testified that while he was plowing in his field Johnson, who was in the road outside of the field, addressed him, saying, “Come and take a drink with me,” to which Ross made no answer. Thereupon Johnson dismounted from his horse, saying: “I will make you notice me or I will kill you,” and started toward Ross with a gun in his hand, but though in shooting distance, there was no evidence that he held his gun in position to shoot or…
1Opinion of the Court
Roberts, Chief Justice.
The only ground of objection *577taken to the conviction in the motion for a new trial which it is necessary to pass upon is, that “the jury found the defendant guilty without and against evidence.”
The evidence on the trial, as contained in the statement of facts, is entirely deficient in showing any distinct act on the part of the defendant indicating an effort then to shoot William Ross, or otherwise use the gun which he held in his hands in such manner as to inflict violence upon his person.
In every assault there must be an intention to injure, coupled with an act which…
2Cases cited1 opinion
- Higginbotham v. StateTexas Supreme Court · 1859
3Cited by10 opinions
- State v. DanielSupreme Court of North Carolina · 1904
- Anderson v. StateSupreme Court of Arkansas · 1905
- Robinson v. State, Texas Court of Appeals, 4th District (San Antonio)1982
- Hollister v. StateIndiana Supreme Court · 1901
- Jarman v. StateIndiana Supreme Court · 1977
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