Howard v. State
Court of Appeals of Texas
Appeal from the District Court of Hill. Tried below before the Hon. J. M. Hall. The conviction in this case xvas for an assault with intent to murder one E. M. Jones, in Hill county, Texas, on the 17th day of October, 1884. The punishment assessed by the jury was a term of two years in the penitentiary. E. M. Jones, the alleged injured party, was the first witness introduced by the State.
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Appeal from the District Court of Hill. Tried below before the Hon. J. M. Hall. The conviction in this case xvas for an assault with intent to murder one E. M. Jones, in Hill county, Texas, on the 17th day of October, 1884. The punishment assessed by the jury was a term of two years in the penitentiary. E. M. Jones, the alleged injured party, was the first witness introduced by the State. He testified that he went to the house of the defendant on the morning of the day alleged in the indictment, and found the defendant and one H. T. McAllister loading oats on a wagon. Defendant remarked:…
1Opinion of the Court
White, Presiding Judge.
This is an appeal from a judgment of conviction in the court below for an assault with intent to murder. Our statute provides that, “ if any person shall assault another with intent to murder, he shall be }iunished by confinement in the penitentiary not less than two nor more than seven years.” (Penal Code, art. 500.)
In his charge to the jury in this case the learned judge told the jury that, if they found defendant guilty of an assault with intent to murder, they should “assess his punishment at confinement in the penitentiary at any time not less two years and not…
2Cases cited2 opinions
- Skidmore v. StateTexas Supreme Court · 1875
- McFarlin v. StateTexas Supreme Court · 1874