Sullivan v. State
Court of Criminal Appeals of Texas
Appellant was indicted for assault to murder one T. G. Beaty, and at bis trial was convicted of said offense, and his punishment assessed at two years in the penitentiary. The evidence shows, in substance, that there had been one or more previous difficulties between defendant and the alleged injured party, T. G. Beaty, and liis brother Bruce Beaty.
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Appellant was indicted for assault to murder one T. G. Beaty, and at bis trial was convicted of said offense, and his punishment assessed at two years in the penitentiary. The evidence shows, in substance, that there had been one or more previous difficulties between defendant and the alleged injured party, T. G. Beaty, and liis brother Bruce Beaty. That in one of these previous difficulties defendant had snapped his gun at T. G. Beaty, and had shot at-Bruce Beaty, they being unarmed at the time. That the day before the last difficulty, defendant, in passing by T. G. Beaty’s house, saw Beaty…
1Opinion of the Court
SIMKINS, Judge.
Appellant was indicted for an assault with intent to murder one T. G. Beaty, and was sentenced to two years in the State penitentiary, from which judgment he appeals.
1. Appellant complains that the court erred in allowing testimony of a previous difficulty between appellant and T. G. Beaty to be introduced upon the trial of this case. Antecedent menaces, quarrels, and grudges may always be shown to prove malice. Anderson’s case, 15 Texas Ct. App., 447; McKinney’s case, 8 Texas Ct. App., 626. The testimony of thé former attempt upon the life of Beaty only the day before the…
2Cases cited2 opinions
- Gilleland v. StateTexas Supreme Court · 1875
- Carr v. StateTexas Supreme Court · 1874
3Cited by9 opinions
- Harrelson v. StateCourt of Criminal Appeals of Texas · 1910
- Renfro v. StateCourt of Criminal Appeals of Texas · 1900
- Ross v. StateCourt of Criminal Appeals of Texas · 1924
- Millican v. StateCourt of Criminal Appeals of Texas · 1911
- Rogers v. StateCourt of Criminal Appeals of Texas · 1913
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