Legal Opinion

Drake v. State

Court of Criminal Appeals of Texas

Decided November 18, 1903No. 2835PublishedCited by 5 opinions

The indictment charged appellant with assault with intent to murder one Oscar Dennis, on the 19th day of December, 1902, by cutting him with a knife. Thé difficulty occurred at a dance. The opinion gives a spfficient statement of the facts attendant at the time of the trouble, and no further statement is required.

1Opinion of the Court

DAVIDSON, Presiding Judge.

This is a conviction for assault with intent to murder, the penalty assessed being two years confinement in the penitentiary.

From the State’s standpoint the facts disclose that Oscar Dennis, the alleged injured party, and appellant were attending a dance; that while the dance was in progress, Dennis testified, that he heard appellant say, “There is the God damn son of a bitch I’ve got it in for,” and looking around he saw appellant pointing his hand at him (witness); that appellant was then talking to Hambrick. As soon as the set was finished witness went to…

2Cited by5 opinions

  1. Christian v. StateCourt of Criminal Appeals of Texas · 1904
  2. Moore v. StateCourt of Criminal Appeals of Texas · 1910
  3. Sprinkle v. StateCourt of Criminal Appeals of Texas · 1906
  4. Caraway v. StateCourt of Criminal Appeals of Texas · 1926
  5. Carroway v. StateCourt of Criminal Appeals of Texas · 1926

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