Legal Opinion

Mundine v. State

Court of Criminal Appeals of Texas

Decided January 13, 1897No. 1163PublishedCited by 10 opinions

Appeal from the District Court of Lee. Tried below before Hon. Ed. R. Sinks. Appeal from a conviction for assault with intent to murder; penalty, two years’ imprisonment in the penitentiary. The opinion fully states the material facts in the case.

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Appeal from the District Court of Lee. Tried below before Hon. Ed. R. Sinks. Appeal from a conviction for assault with intent to murder; penalty, two years’ imprisonment in the penitentiary. The opinion fully states the material facts in the case. The following are the special instructions requested by the appellant: (1) “The party, Singleton, was without authority to arrest the defendant, Mundine, and if you believe from the evidence that Yanderworth, the alleged injured party, procured the said Singleton to so arrest the defendant, and was present and encouraged said arrest, and that the…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of an assault with intent to murder, and given two years in the penitentiary; hence this appeal. There are but two' questions in the case that we deem necessary to be considered, and these involve the failure of the court to charge on aggravated assault, and the charge of the court on the law of self-defense. Appellant tendered to the court, at the trial, a charge on aggravated assault, which the' court refused to give, and he excepted. The requested charge was predicated on the theory insisted on by the appellant, that the evidence showed, as the…

2Cases cited1 opinion

  1. Shannon v. StateCourt of Criminal Appeals of Texas · 1894

3Cited by10 opinions

  1. McCartney v. StateCourt of Criminal Appeals of Texas · 1976
  2. Heath v. BoydTexas Supreme Court · 1943
  3. Christian v. StateCourt of Criminal Appeals of Texas · 1913
  4. Watson v. StateCourt of Criminal Appeals of Texas · 1906
  5. Harper v. StateCourt of Criminal Appeals of Texas · 1918

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