Hernandez v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Wharton. Tried below before Hon. T. S. Reese. Appellant was indicted for assault with intent to murder one Canuto Lerno with a bowie knife. His trial resulted in his conviction, with punishment assessed at two years in the penitentiary. On the night before the stabbing, appellant and Canuto Lerno had a difficulty over a game of monte. The parties were drinking, and continued drinking during the night.
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Appeal from the District Court of Wharton. Tried below before Hon. T. S. Reese. Appellant was indicted for assault with intent to murder one Canuto Lerno with a bowie knife. His trial resulted in his conviction, with punishment assessed at two years in the penitentiary. On the night before the stabbing, appellant and Canuto Lerno had a difficulty over a game of monte. The parties were drinking, and continued drinking during the night. Next morning, while appellant was talking with some friends, Canuto, who was drunk, came up, and laying his hand on appellant’s shoulder, said, ‘‘I want to see…
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of an assault with intent to murder, and his punishment assessed at two years confinement in the penitentiary, from which he appeals. There are but two questions to be considered.
1. The indictment charged an assault with intent to murder with a bowie knife. The State, over the objection of the defendant, proved that the assault and stabbing was committed with a butcher knife, and this is alleged as error. We do not think there was any variance or error. Penal Code, art. 501.
2. The court did not err in refusing the charge on drunkenness; first, because…
2Cases cited1 opinion
- Evers v. StateCourt of Criminal Appeals of Texas · 1892
3Cited by7 opinions
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- Lyles v. StateCourt of Criminal Appeals of Texas · 1912
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