Moore v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Bell. Tried below before Hon. W. A. Blackburn. This appeal is from a conviction for assault with intent to murder, the punishment assessed being two years in the penitentiary. The parties to the shooting are negroes.
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Appeal from tbe District Court of Bell. Tried below before Hon. W. A. Blackburn. This appeal is from a conviction for assault with intent to murder, the punishment assessed being two years in the penitentiary. The parties to the shooting are negroes. The two theories pertaining to the occurrence are shown by the testimony of these two parties, Bent Clark and John Moore, most of which we reproduce, as follows: Bent Clark testified: “On Sunday, the 21st day of August, 1892, I and my wife went to church. Passed the road by Jim Church’s. When we got to the church house the defendant was there. I…
1Opinion of the Court
DAVIDSON, Judge.
Tbe defendant requested the court to instruct the jury as follows: “You are further instructed, that defendant is charged with an assault with an intent to murder Bent Clark, and his defense is that he did not intend to kill the said Bent Clark, but shot to scare him. Now, if you believe from the evidence that defendant did shoot at Bent Clark, but have a reasonable doubt whether he shot to scare him or to kill him, you will acquit the defendant. The State must prove to your satisfaction, beyond a reasonable doubt, that the defendant shot at him with the intention of killing…
2Cited by13 opinions
- Simmons v. StateCourt of Criminal Appeals of Texas · 1909
- State v. YoungWashington Supreme Court · 1900
- Milo and Bradford v. StateCourt of Criminal Appeals of Texas · 1910
- Prescott v. StateCourt of Criminal Appeals of Texas · 1907
- McMahan v. StateCourt of Criminal Appeals of Texas · 1911
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