Legal Opinion

Grisham v. State

Court of Appeals of Texas

Decided December 5, 1885No. 1969Published

Appeal from the District Court of Hunt. Tried below before E. W. Terhune, Esq., Special Judge. Tlie conviction in this case was for an assault with intent to murder A. M. McRae, in Hunt county, Texas, on the 1st day of June, 1885. A term of two years in the penitentiary was the penalty assessed by the jury. H. J. Ross was the first witness for the State.

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Appeal from the District Court of Hunt. Tried below before E. W. Terhune, Esq., Special Judge. Tlie conviction in this case was for an assault with intent to murder A. M. McRae, in Hunt county, Texas, on the 1st day of June, 1885. A term of two years in the penitentiary was the penalty assessed by the jury. H. J. Ross was the first witness for the State. He testified that, on one Sunday morning in May, 1885, about the 24th day of that month, he went to the railroad depot in Greenville, Hunt county, Texas, took a seat and employed A. M. McRae, a small white boy boot-black, to black his boots.…

1Opinion of the Court

*510OPINION ON MOTION FOR REHEARING.

White, Presiding Judge.

Appellant was convicted in the court below of an assault with intent to murder, upon an indictment charging him with that.offense. In connection with his plea of not guilty he pleaded specially in this case that he had already theretofore been tried and convicted for the same offense in the county court upon a complaint and information for an aggravated assault growing out of the same identical transaction upon which the indictment in this case was founded.

As presented, the plea was in itself defective and insufficient in that it did not…

2Cases cited13 opinions

  1. Leon & H. Blum v. WettermarkTexas Supreme Court · 1882
  2. Wood v. WheelerTexas Supreme Court · 1851
  3. Thomas v. StateTexas Supreme Court · 1874
  4. Bryorly v. ClarkTexas Supreme Court · 1877
  5. Hooker v. WilliamsonTexas Supreme Court · 1883

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