Hooper v. State
Court of Appeals of Texas
Appeal from the District Court of Shelby. Tried below before R. S. Briarly, Esq., Special Judge. This conviction is of an assault with intent to murder, with the punishment assessed at two years confinement in the penitentiary. The defendant and about two hundred other negroes were on a train going to Timpson to attend an emancipation celebration. On the same train, seated in one of the cars into which the negroes crowded, was the assaulted party, McGowan, a white man.
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Appeal from the District Court of Shelby. Tried below before R. S. Briarly, Esq., Special Judge. This conviction is of an assault with intent to murder, with the punishment assessed at two years confinement in the penitentiary. The defendant and about two hundred other negroes were on a train going to Timpson to attend an emancipation celebration. On the same train, seated in one of the cars into which the negroes crowded, was the assaulted party, McGowan, a white man. The defendant either sat down upon or was pushed down upon McGowan, and thereupon an altercation occurred between them and…
1Opinion of the Court
DAVIDSON, Judge.
Appellant sought a continuance for the testimony of John Cooper. By him it was expected to be shown that the appellant did not make an assault upon McGowan, the party charged to have been assaulted.
The difficulty occurred on Emancipation day and in a passenger car. The car was crowded with negroes and a few white people. An unusual number of witnesses testified to the facts attending the difficulty, and nearly every one of them were eye witnesses thereto. ¡Nearly every witness who testified for defendant swore that he did not make the assault and had no pistol at the time. The…
2Cited by3 opinions
- Rhea v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- United States v. DuckworthUnited States Court of Military Appeals · 1963
- Starr v. StateCourt of Criminal Appeals of Oklahoma · 1912