Stinnett v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Grayson. Tried below before Hon. Don A. Bliss. Omitting formal averments, the indictment charged, “ that in said county of Grayson and State of Texas, on the 27th day of June, A. D. 1893, one Sam Stinnett, in the daytime, did, by force, threats, and fraud, break and enter a house there situate, and occupied by J. B. Snyder, without the consent of the said J. B. Snyder, and with the intent then and there, with malice aforethought, to murder…
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Appeal from the District Court of Grayson. Tried below before Hon. Don A. Bliss. Omitting formal averments, the indictment charged, “ that in said county of Grayson and State of Texas, on the 27th day of June, A. D. 1893, one Sam Stinnett, in the daytime, did, by force, threats, and fraud, break and enter a house there situate, and occupied by J. B. Snyder, without the consent of the said J. B. Snyder, and with the intent then and there, with malice aforethought, to murder Cymantha Stinnett; against the peace and dignity of the State.’ ’ At the trial appellant was convicted, with the…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was indicted for and convicted of burglary. The entry is charged to have been made with intent with malice aforethought to murder Cymantha Stinnett. The exceptions to the indictment are not well taken. It sufficiently charges the ingredients of burglary with intent to murder.
The motion for new trial criticises the charge because it defines simple and aggravated assault. In the absence of the statement of facts, we can not say this was error, and it may have been perfectly harmless, and may have been required by the evidence.
The court charged the jury, if they…
2Cited by4 opinions
- McCormick v. JesterCourt of Appeals of Texas · 1909
- Brown v. StateCourt of Criminal Appeals of Texas · 1909
- Lowe v. StateCourt of Criminal Appeals of Texas · 1956
- Lowe v. StateCourt of Criminal Appeals of Texas · 1956