Legal Opinion

N. A. Hobbs v. State

Court of Appeals of Texas

Decided June 25, 1884No. 3205Published

Appeal from the District Court of Anderson. Tried below before the Hon. J. J. Perkins. The conviction was for an assault with intent to murder one S. E. Montgomery and one J. M. Whiteley, in Palestine, Anderson county, Texas, on the twenty-first day of September, 1882. The penalty awarded was a term of five years in the State penitentiary. J. M. Whiteley was the first witness for the State.

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Appeal from the District Court of Anderson. Tried below before the Hon. J. J. Perkins. The conviction was for an assault with intent to murder one S. E. Montgomery and one J. M. Whiteley, in Palestine, Anderson county, Texas, on the twenty-first day of September, 1882. The penalty awarded was a term of five years in the State penitentiary. J. M. Whiteley was the first witness for the State. He testified in substance that on the night of September 21, 1882, he and Montgomery left their boarding house, west of the railroad track, in Palestine, going to town. After going to several places, they…

1Opinion of the Court

Willson, Judge.

1» It was not error to reject the testimony offered by the defendant to prove that the officer, Durham, a short time before the shooting, had told Whiteley to take Montgomery away from the saloon, and to his home, because he was intoxicated. This was hearsay and irrelevant. It was permissible for the defendant to prove that Montgomery and. Whiteley, or either of them, was intoxicated on ¿the occasion, and he was allowed to introduce such testimony.

2. We think the court erred in rejecting testimony offered by the defendant to show that, prior to the shooting, there had been a…

2Cases cited1 opinion

  1. Taliaferro v. StateTexas Supreme Court · 1874

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