Givens v. State
Texas Supreme Court
Appeal from Anderson. The appellant was indicted for an assault with an intent to murder Samuel Wingate. There was but one count in the indictment. The evidence was contradictory. The jury found him guilty of a common assault. A motion was made for a new trial, which was overruled by the court.
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Appeal from Anderson. The appellant was indicted for an assault with an intent to murder Samuel Wingate. There was but one count in the indictment. The evidence was contradictory. The jury found him guilty of a common assault. A motion was made for a new trial, which was overruled by the court. Upon the second ground embraced in the motion in the court below and relied upon in this court, that the conviction was for a common assault, under an indictment for an assault with intent to murder, it is believed there can be no doubt. “Formerly, upon an indictment for felony, the prisoner must…
1Opinion of the CourtLipscomb, J.
The errors assigned on which appellant seeks to reverse the judgment arc—
1st. That the court below erred in overruling the motion for a new trial, on the ground that the verdict was contrary to evidence.
2d. The court erred in rendering a judgment on the verdict against the appellant for a common assault, when he was indicted for an assault with an intent to murder.
The first ground can be disposed of by a reference to many decisions of this court. The statement of facts leaves it doubtful which commenced or made the first assault, and the jury had to determine by weighing the different…
2Cited by10 opinions
- Winburn v. StateSupreme Court of Florida · 1891
- Pennington v. StateCourt of Appeals of Texas · 1983
- Hill v. StateCourt of Criminal Appeals of Texas · 1941
- Birlew v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1904
- Johnson v. StateCourt of Appeals of Texas · 1885
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