McCullough v. State
Court of Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before the Hon. R. E. Beckham. The conviction in this case was for an assault with intent to murder one Lewis Taylor, and the penalty imposed was a term of two years in the penitentiary. In substance, the State proved that the defendant and Lewis Taylor were fellow workmen in the employ of one Binyon, the proprietor of a line of freight floats in the city of Fort Worth.
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Appeal from the District Court of Tarrant. Tried below before the Hon. R. E. Beckham. The conviction in this case was for an assault with intent to murder one Lewis Taylor, and the penalty imposed was a term of two years in the penitentiary. In substance, the State proved that the defendant and Lewis Taylor were fellow workmen in the employ of one Binyon, the proprietor of a line of freight floats in the city of Fort Worth. They kept their teams at the stable of the said Binyon. The two men, after feeding their respective teams on the morning of the alleged offense, left the stable at about…
1Opinion of the Court
Willson, Judge.
To constitute an assault with intent to murder, two things must concur, viz.: 1, an assault, and 2, a specific intent to kill. (Prewitt v. The State, 20 Texas Ct. App., 129; Davis v. The State, 15 Texas Ct. App., 475; White v. The State, 13 Texas Ct. App., 259; Harrell v. The State, Id., 374; Gillespie v. The State, Id., 415; Courtney v. The State, Id., 502.)
In this»case the evidence sufficiently shows that the defendant committed an aggravated assault by the use of a dangerous weapon in an angry and threatening manner, with intent to alarm another, and under circumstances…
2Cited by6 opinions
- Handy v. StateCourt of Criminal Appeals of Texas · 1954
- Robinson v. State, Texas Court of Appeals, 4th District (San Antonio)1982
- Lewis v. Continental Airlines, Inc.District Court, S.D. Texas · 1999
- Ginn v. StateCourt of Criminal Appeals of Texas · 1935
- Handy v. StateCourt of Criminal Appeals of Texas · 1954
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