Marshall v. State
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Samuel Dodge. Marshall was indicted for an assault with intent to kill and murder one Benjamin Lawrence. Lawrence testified, that he was steward for a hotel in Galveston, and it was the duty of Marshall, who was also an employé, to wake him up at 4 o’clock.
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Appeal from Galveston. Tried below before the Hon. Samuel Dodge. Marshall was indicted for an assault with intent to kill and murder one Benjamin Lawrence. Lawrence testified, that he was steward for a hotel in Galveston, and it was the duty of Marshall, who was also an employé, to wake him up at 4 o’clock. Marshall had several times waked him too soon, and did so on the morning of the seventeenth. of November, 1873, on which occasion he told Marshall that he deserved to “have a head put on him” for waking him up too soon; to which Marshall replied, that two could play at that game, and…
1Opinion of the Court
Roberts, Chief Justice.
This was an indictment-against appellant for an assault with intent to murder Benjamin Lawrence, upon which he was found guilty, and his punishment assessed at two years confinement in the penitentiary. The entire charge of the court, except the charge asked by defendant, was excepted to, which appears in a bill of exceptions.
There was a motion for a new trial, corresponding substantially with the assignment of errors, which motion was overruled and exceptions taken thereto.
The transcript contains a statement of facts, judgment of conviction corresponding to the…
2Cases cited1 opinion
- Atkinson v. StateTexas Supreme Court · 1857
3Cited by26 opinions
- Beggs v. StateCourt of Criminal Appeals of Texas · 1980
- Bishop v. StateTexas Supreme Court · 1875
- Farrer v. StateTexas Supreme Court · 1874
- Edwards v. StateCourt of Criminal Appeals of Texas · 1924
- Heard v. StateCourt of Appeals of Texas · 1880
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