Williams v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Houston. Tried below before Hon. W. H. Gill. Appeal from a conviction for assault with intent to murder; penalty, two- years imprisonment in the penitentiary.
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Appeal from the District Court of Houston. Tried below before Hon. W. H. Gill. Appeal from a conviction for assault with intent to murder; penalty, two- years imprisonment in the penitentiary. The indictment charged defendant with making an assault upon one Gus Richardson, with intent to kill him, on or about the 1st day of September, 1895. Concisely stated, the testimony for the State was, that the assault was committed in a ginhouse at the village of Augusta, where an election was being held, on the 3d of September, 1895. That several white men had gone into the ginhouse (presumably to get…
1Opinion of the Court
DAVIDS OH, Judge.
Appellant was convicted of an assault with intent to murder. He assigns as error the failure of the court to inform the jury in the charge that the criterion of the offense of assault with intent to murder consists in the fact that, had the killing occurred, it would have been murder. The statute provides that, where the killing would have been murder, then, falling short of a killing, the assault would be with intent to murder; but it does not follow that, because, the charge failed to charge this statute, the cause should be reversed. This question came up in Wagner v.…
2Cases cited2 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1892
- White v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by1 opinion
- Luttrell v. StateCourt of Criminal Appeals of Texas · 1913