Streich v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of San Saba. Tried below before the Hon. N. T. Stubbs. Appeal from a conviction of assault to murder; penalty, two years confinement in the penitentiary. The opinion states the case. On question of right of self-defense and charge of court: Eevnolds v. State, 8 Texas Crim.
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Appeal from the District Court of San Saba. Tried below before the Hon. N. T. Stubbs. Appeal from a conviction of assault to murder; penalty, two years confinement in the penitentiary. The opinion states the case. On question of right of self-defense and charge of court: Eevnolds v. State, 8 Texas Crim. App., 414; Wimberly v. State, 22 id., 506; Bobison v. State, 160 S. W. Bep., 456; Hickey v. State, 102 S. W. Bep., 417. On question of defendant’s personal presence: Derden v. State, 133 5. W. Bep., 986; Cowart v. State, 65 Texas Crim. Bep., 482, 145 S. W. Bep., 387; Whitehead v. State, 66…
1Opinion of the Court
Appellant was convicted of assault to murder, his punishment being assessed at two years confinement in the penitentiary.
This is rather a voluminous record in many respects. The case shows to have been fought with ability on both sides. The assault occurred at appellant's house. The injured party, Taff, had made an assault on appellant on the gallery, at least, not in one of the rooms, having a knife in his hand at the time. The parties separated, but met again in one of the rooms in the house, and the trouble came up. Under the State's theory appellant shot Taff with a pistol. The evidence…
2Cases cited8 opinions
- Hill v. StateWisconsin Supreme Court · 1864
- Hill v. StateCourt of Criminal Appeals of Texas · 1908
- Emery v. StateCourt of Criminal Appeals of Texas · 1909
- Stoddard v. StateWisconsin Supreme Court · 1907
- Whitehead v. StateCourt of Criminal Appeals of Texas · 1912
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3Cited by2 opinions
- Witty v. StateCourt of Criminal Appeals of Texas · 1947
- Slaughter v. StateCourt of Criminal Appeals of Texas · 1947