Baines v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Erath. Tried below before Hon. J. S. Steaughan. Appeal from a conviction of assault with intent to murder; penalty, six ji-ears imprisonment in the penitentiary. The indictment charged appellant with assault with intent to murder Minnie Freeman, on the 9th of August, 1900. Minnie Freeman was defendant’s wife’s sixteen-year-old sister. From her testimony as a witness in the case, defendant seems to have fallen in love with her.
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Appeal from the District Court of Erath. Tried below before Hon. J. S. Steaughan. Appeal from a conviction of assault with intent to murder; penalty, six ji-ears imprisonment in the penitentiary. The indictment charged appellant with assault with intent to murder Minnie Freeman, on the 9th of August, 1900. Minnie Freeman was defendant’s wife’s sixteen-year-old sister. From her testimony as a witness in the case, defendant seems to have fallen in love with her. He made frequent demonstrations of his love and proposed to leave his wife and children and run off with her. She repelled all his…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of an assault with mtent to murder, and his punishment assessed at six years confinement in the penitentiary.
Appellant made a motion for continuance on account of the absence of O. R. McCoy and Jim White. The diligence used to procure the witness McCoy was sufficient. We do not regard the diligence as to White sufficient, nor was his testimony material. However, as shown by the application for continuance, the testimony of McCoy was material; that is, the State’s case depended alone on circumstantial evidence. Appellant’s defense was an alibi. He lived…
2Cases cited1 opinion
- Cross v. Freeman, AdministratorCourt of Appeals of Texas · 1898
3Cited by11 opinions
- White v. StateCourt of Criminal Appeals of Texas · 1922
- Mathason v. StateCourt of Criminal Appeals of Texas · 1921
- State v. NelsonNevada Supreme Court · 1913
- Belton v. StateCourt of Criminal Appeals of Texas · 1928
- Lawhorn v. StateCourt of Criminal Appeals of Texas · 1904
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