Weaver v. State
Court of Criminal Appeals of Texas
The opinion states the case. Leaving out the introductory part of the indictment, and also that portion which charges the theft of the property taken, the same alleged: “that the defendant did then and there unlawfully and willfully make an assault upon the person of A. And then and there by said assault and by violence to the said A, and by putting the said A in fear of life and bodily injury, and then and there by using and exhibiting a knife, said knife then and there…
Read the full summary
The opinion states the case. Leaving out the introductory part of the indictment, and also that portion which charges the theft of the property taken, the same alleged: “that the defendant did then and there unlawfully and willfully make an assault upon the person of A. And then and there by said assault and by violence to the said A, and by putting the said A in fear of life and bodily injury, and then and there by using and exhibiting a knife, said knife then and there being a deadly weapon, did then and there fraudulently, etc.”
1Opinion of the Court
„ DAVIDSON, Presiding Judge.
The indictment charges appellant with violation of the statute denouncing the punishment for robbery, and charges practically every phase of the statute, including robbery with ' weapons. When the case was called for trial the State abandoned and dismissed that portion of. the indictment which charged robbery by use of deadly weapons. It is contended this dismissed the entire case from the docket, and there was nothing upon which to try the case. This we do not believe to be the law. Where a statute denounces an offense and the different ways by which it might be…
2Cited by12 opinions
- Gonzales v. StateCourt of Criminal Appeals of Texas · 1920
- Bradley v. StateCourt of Criminal Appeals of Texas · 1970
- Leonard v. StateCourt of Criminal Appeals of Texas · 1908
- Yeagin v. StateCourt of Criminal Appeals of Texas · 1966
- Wiggington v. StateCourt of Criminal Appeals of Texas · 1949
7 more not listed; retrieve them via the Exa API.