Mathis v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appeal from a conviction for assault with intent to murder; penalty, two years imprisonment in the penitentiary. The indictment charged defendant with an assault to murder one A. T. Wooten. The evidence showed that the assault was made with a chair which weighed twenty-eight or thirty pounds—an oak chair with solid wooden bottom, wooden legs and back.
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Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appeal from a conviction for assault with intent to murder; penalty, two years imprisonment in the penitentiary. The indictment charged defendant with an assault to murder one A. T. Wooten. The evidence showed that the assault was made with a chair which weighed twenty-eight or thirty pounds—an oak chair with solid wooden bottom, wooden legs and back. The assault was committed in the courthouse while court was in session. Defendant had been tried. Wooten was a witness against him, and the jury had just returned a…
1Opinion of the Court
HEUDERSON", Judge.
Appellant was convicted of an assault with intent to murder, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.
There is nothing in appellant’s motion- to quash the indictment, it not being necessary to allege the means used in charging assault with intent to murder.
Appellant complains of the action of the court in admitting, over his •objections, the evidence of A. T. Wooten, S. L. Clark, and A. K. Ralston as to declarations of appellant, while in jail, not being captioned, showing his animus towards S. P. Clark and A.…
2Cited by24 opinions
- Lindley v. StateCourt of Criminal Appeals of Texas · 1982
- State v. ThomasSupreme Court of Louisiana · 1910
- Reinhard v. StateCourt of Criminal Appeals of Texas · 1907
- Anderson v. StateCourt of Criminal Appeals of Texas · 1972
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
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