Leal v. State
Court of Criminal Appeals of Texas
The shooting occurred at a Mexican dance on the night of December 24, 1903, at Inez, in Victoria County. Defendant first got into a quarrel with Dr. Ledford, and was drinking. Jack Birmingham, the party alleged to have been injured, was in the house when the defendant and the doctor were having some trouble out in the yard near a fire where a "Mexican woman was cooking tamales.
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The shooting occurred at a Mexican dance on the night of December 24, 1903, at Inez, in Victoria County. Defendant first got into a quarrel with Dr. Ledford, and was drinking. Jack Birmingham, the party alleged to have been injured, was in the house when the defendant and the doctor were having some trouble out in the yard near a fire where a "Mexican woman was cooking tamales. He started towards them and spoke to defendant and told him that the doctor meant no harm, when . defendant resented his interference and threw his pistol down on Birmingham, and after snapping the pistol several times…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of assault with intent to murder, the penalty assessed being two years in the penitentiary.
The first ground of appellant’s motion for new trial is that the court .misdirected the jury as to the penalty. The court instracted the jury to assess appellant’s punishment, if guilty of assault to murder, at not less than two nor more than seven years in the penitentiary. By the Acts of the Twenty-eighth Legislature, page 160, the penalty with reference to assault to murder was changed, making the punishment not less than two nor more than fifteen years…
2Cases cited1 opinion
- Lovejoy v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by5 opinions
- Daniels v. StateCourt of Criminal Appeals of Texas · 1975
- Merka v. StateCourt of Criminal Appeals of Texas · 1917
- Bryan v. StateCourt of Criminal Appeals of Texas · 1924
- Fletcher v. StateCourt of Criminal Appeals of Texas · 1939
- Woodland v. StateCourt of Criminal Appeals of Texas · 1909