Moore v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Wilbarger. Tried below before Hon. G. A. Brown. Appellant was tried on an indictment charging him with an assault with intent to murder one E. W. Scott. He was convicted of said offense and his punishment assessed at three years in the penitentiary. It is unnecessary to give a detailed statement of the facts in the case, as the opinion of the court presents the salient features of the evidence in a very concise but lucid manner.
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Appeal from the District Court of Wilbarger. Tried below before Hon. G. A. Brown. Appellant was tried on an indictment charging him with an assault with intent to murder one E. W. Scott. He was convicted of said offense and his punishment assessed at three years in the penitentiary. It is unnecessary to give a detailed statement of the facts in the case, as the opinion of the court presents the salient features of the evidence in a very concise but lucid manner. As two. of defendant’s principal bills of exception relate to testimony admitted in regard to insulting conduct of defendant toward…
1Opinion of the Court
SIMKINS, Judge.
Defendant was convicted of an assault with intent to murder, and sentenced to three years in the penitentiary, from which judgment he appeals.
1. The first error complained of was, that the court permitted the assaulted party, his wife, and daughter, to testify to indecent language and conduct on the part of defendant prior to the assault. We certainly can see no error in admitting this testimony. It was certainly admissible to show the state of mind of the accused before he made the assault. Wright v. The State, 41 Texas, 247. There can be no stronger evidence of animosity than…
2Cited by8 opinions
- State v. MarrenIdaho Supreme Court · 1910
- Collins v. StateCourt of Criminal Appeals of Texas · 1915
- Muldrew v. StateCourt of Criminal Appeals of Texas · 1914
- People v. WingCalifornia Court of Appeal · 1913
- Gober v. StateCourt of Criminal Appeals of Texas · 1934
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