Turner v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Travis. Tried below before Hon. P. G. Morris. Appeal from a conviction for assault with intent to murder; penalty, ■two years’ imprisonment in the penitentiary. Appellant was charged by the indictment with an assault with intent to murder one Hilliard Brown. The evidence was, that Brown and defendant had some words about Brown’s horse. Afterwards, defendant asked Bzuwn, why he had ■called him a d—d son-of-a-bitch.
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Appeal from the District Court of Travis. Tried below before Hon. P. G. Morris. Appeal from a conviction for assault with intent to murder; penalty, ■two years’ imprisonment in the penitentiary. Appellant was charged by the indictment with an assault with intent to murder one Hilliard Brown. The evidence was, that Brown and defendant had some words about Brown’s horse. Afterwards, defendant asked Bzuwn, why he had ■called him a d—d son-of-a-bitch. Brown denied that he had called him a d—d son-of-a-bitch, and, after a few words, Brown said, if he had • said it, he would not take it back. At…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of an assault with intent to murder. The failure of the court to charge the jury in rela tion to the law governing aggravated assault is assigned as error. We do not think the testimony in this case called for a charge upon aggravated assault. If the testimony for the State is true, appellant made an unprovoked and an unnecessary assault with a pistol upon Hi Hard Brown. If the testimony for the defense is to be credited, Hilliard Brown made an assault upon appellant with his knife, under such circumstances as indicated that he intended to use it with…
2Cited by10 opinions
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- Garza v. StateCourt of Criminal Appeals of Texas · 1912
- Shield v. StateCourt of Criminal Appeals of Texas · 1931
- De Lerosa v. StateCourt of Criminal Appeals of Texas · 1914
- Ryan v. StateCourt of Criminal Appeals of Texas · 1932
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