Legal Opinion

Carr v. State

Court of Criminal Appeals of Texas

Decided May 17, 1905No. 2977PublishedCited by 7 opinions

Appeal from the District Court of Potter. Tried below before Hon. H. H. Wallace, special judge. Appeal from a conviction of assault with intent to murder; penalty, .two years imprisonment in the penitentiary. The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of assault to murder. The charge of the court on self-defense is criticised because it was curtailed by a charge on "provoking the difficulty. The only charge on self-defense given by the court was given in connection with the charge on provoking the difficulty. Special charge was requested on self-defense omitting the charge on provoking the difficulty. Exception was reserved to the refusal to give this charge. Dnder the facts the charge on provoking the difficulty is 'not in the case. There had been two previous difficulties between the…

2Cited by7 opinions

  1. Sanders v. StateCourt of Criminal Appeals of Texas · 1982
  2. Hall v. StateCourt of Criminal Appeals of Texas · 1966
  3. Barnes v. StateCourt of Criminal Appeals of Texas · 1943
  4. Hoffman v. StateCourt of Criminal Appeals of Texas · 1919
  5. Hall v. StateCourt of Criminal Appeals of Texas · 1966

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