Legal Opinion

Lockland v. State

Court of Criminal Appeals of Texas

Decided April 22, 1903No. 2467PublishedCited by 6 opinions

Appeal from the County "Court of Williamson. Tried below before Hon. Chas. A. Wilcox, County Judge. Appeal from a conviction of aggravated assault; penalty, a fine of $25. Appellant was charged, by information, with aggravated assault upon Jim Lamb on the 18th day of September, 1901, with a pistol, a deadly weapon.

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Appeal from the County "Court of Williamson. Tried below before Hon. Chas. A. Wilcox, County Judge. Appeal from a conviction of aggravated assault; penalty, a fine of $25. Appellant was charged, by information, with aggravated assault upon Jim Lamb on the 18th day of September, 1901, with a pistol, a deadly weapon. The evidence substantially is as follows: That Jim Lamb, the alleged assaulted party (a sewing machine agent), had about a year prior to the date of the alleged assault sold and delivered to the defendant a sewing machine for the sum of $45, taking in payment therefor the…

1Opinion of the Court

HEYDEBSOY, Judge.

Appellant was convicted of an aggravated assault, and his ¡Dunishment assessed at a fine of $25; hence this appeal.

Appellant made a motion for continuance, based on the absence of David Beaver and his wife. If diligence be conceded as to these witnesses, it does not occur to us that their testimony was material. The evidence proposed to be proved by said witnesses was to the effect that they were present at the house of appellant about a month before the alleged difficulty, and heard the conversation between appellant and Lamb, in which said Lamb told defendant if at any time…

2Cases cited2 opinions

  1. Singer Sewing Machine Co. v. RiosTexas Supreme Court · 1903
  2. Culver v. StateCourt of Criminal Appeals of Texas · 1901

3Cited by6 opinions

  1. Coker v. StateCourt of Criminal Appeals of Texas · 1913
  2. State v. MiloOregon Supreme Court · 1928
  3. Jackson v. StateCourt of Criminal Appeals of Texas · 1921
  4. State v. RullisNew Jersey Superior Court Appellate Division · 1963
  5. Biggerstaff v. StateCourt of Criminal Appeals of Texas · 1927

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