Augustine v. State
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Indictment of Robert Augustine for assault with intent to kill, on Francisco Perida and Jesus Perida, The indictment commenced, “State of Texas, county of Bexar,” &c.; described the grand jurors as elected, &c., to inquire in and for the body of the county of Bexar, State of Texas; and charged that “Robert Augustine, late of the county aforesaid, on the thirtieth of August, A. D. eighteen hundred and fifty-six,…
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Indictment of Robert Augustine for assault with intent to kill, on Francisco Perida and Jesus Perida, The indictment commenced, “State of Texas, county of Bexar,” &c.; described the grand jurors as elected, &c., to inquire in and for the body of the county of Bexar, State of Texas; and charged that “Robert Augustine, late of the county aforesaid, on the thirtieth of August, A. D. eighteen hundred and fifty-six, at the county aforesaid, in and upon the bodies of Francisco Perida and Jesus Perida feloniously did make an assault,”…
1Opinion of the CourtWheeler, J.
Whether the charge of misconduct, made by the defendant against his attorney who conducted his defence, was well or ill founded, it was peculiarly the province of the Judge who presided at the trial to decide. From his knowledge of the parties, and from having witnessed the conduct of the trial, the presiding Judge was in possession of means of forming a correct judgment upon that question, very superior to those which we possess. He was the sole judge of the credit to which the statements of the parties respectively were entitled; and upon such a question, without possessing the means of…
2Cited by4 opinions
- Rogers v. Galloway Female CollegeSupreme Court of Arkansas · 1898
- Blackwell v. StateCourt of Appeals of Texas · 1891
- Davis v. RansomTexas Supreme Court · 1882
- Trevinio v. StateCourt of Appeals of Texas · 1877