Legal Opinion

McCarty v. State

Court of Criminal Appeals of Texas

Decided April 16, 1930No. 12640Published

The opinion states the case.

1Opinion of the Court

LATTIMORE, Judge.

Conviction for assault to murder; punishment, two years in the penitentiary.

Two cars met on a narrow road, and there was a near-collision; both cars stopped. Ernest Gibson, his brother and his brother’s wife were in one car, appellant, and two or three other men, in the other. The two Gibsons left their car and went to the other, where shortly a row started apparently engaged in in one way or another by most of the men present. Guns and knives were exhibited and some of them used. In the mélée Ernest Gibson was hit on the head with a gun apparently in the hands of appellant.…

2Cases cited4 opinions

  1. Stewart v. StateCourt of Criminal Appeals of Texas · 1898
  2. Henderson v. StateCourt of Criminal Appeals of Texas · 1906
  3. Haag v. StateCourt of Criminal Appeals of Texas · 1920
  4. Molloy v. StateCourt of Criminal Appeals of Texas · 1928

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