Ellington v. State
Court of Criminal Appeals of Texas
The testimony discloses that one Frank Bauman and the appellant each fired a shot at the other on the afternoon of Oct. 28, 1901; that the difficulty occurred on Nolan Creek about three miles west of Belton, appellant’s farm lying on the north side of Nolan Creek, and Frank Bauman residing with his mother about a mile below and on the opposite side of the creek to apellant’s place.
Read the full summary
The testimony discloses that one Frank Bauman and the appellant each fired a shot at the other on the afternoon of Oct. 28, 1901; that the difficulty occurred on Nolan Creek about three miles west of Belton, appellant’s farm lying on the north side of Nolan Creek, and Frank Bauman residing with his mother about a mile below and on the opposite side of the creek to apellant’s place. Frank Bauman testified in substance that on the afternoon of the difficulty he had gone up the creek hunting, that he was walking up the creek on the north side of the same near the adjoining fence between…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of an aggravated assault, and his punishment assessed at a fine of $300, and appeals. The facts of this case for the State briefly stated show, that prosecutor Frank Bauman and appellant Frank Ellington were neighbors, both engaged in farming—their farms situated on Rolan’s Creek in Bell County. Prosecutor on the day in question was hunting and passed up the creek through the farm of Adams, which adjoined appellant’s farm. There he witnessed a wordy altercation between Mrs. Adams and appellant, in which he interfered, and told appellant substantially…
2Cases cited3 opinions
- Campbell v. StateCourt of Criminal Appeals of Texas · 1895
- Goode v. StateCourt of Criminal Appeals of Texas · 1893
- Powell v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by2 opinions
- Stillwell v. StateCourt of Criminal Appeals of Texas · 1926
- Stillwell v. StateCourt of Criminal Appeals of Texas · 1926