Garza v. State
Court of Criminal Appeals of Texas
The State’s testimony shows that the defendant bantered prosecutor for a fight, which the latter refused, when defendant took hold of him and pulled him back; that after a scuffle, prosecutor got loose and ran, and defendant ran after him, when prosecutor fell and defendant ran up and cut prosecutor several times with a knife while the latter was down, which inflicted wounds that confined him to his bed for ten days or two weeks; that the knife was such that it could have…
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The State’s testimony shows that the defendant bantered prosecutor for a fight, which the latter refused, when defendant took hold of him and pulled him back; that after a scuffle, prosecutor got loose and ran, and defendant ran after him, when prosecutor fell and defendant ran up and cut prosecutor several times with a knife while the latter was down, which inflicted wounds that confined him to his bed for ten days or two weeks; that the knife was such that it could have produced death.
1Opinion of the Court
HARPER, Judge.
Appellant was indicted, tried and convicted of making án assault on one Ed McKenney with the intent to murder him, and his punishment assessed at five years imprisonment in the penitentiary.
Appellant insists he should be granted a new trial on account of newly discovered evidence. The attorney who represented appellant on the trial of the case, took the affidavits attached to the motion for new trial, the affidavits being made by the mother and father of appellant and Mr. Proudfoot. This court has held in an opinion by Judge Davidson (Maples v. State, 60 Texas Crim. Rep., 169),…
2Cases cited8 opinions
- Maples v. StateCourt of Criminal Appeals of Texas · 1910
- Ma Riojas v. StateCourt of Criminal Appeals of Texas · 1896
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1897
- Price v. StateCourt of Criminal Appeals of Texas · 1896
- Kemp v. StateTexas Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Nothaf v. StateCourt of Criminal Appeals of Texas · 1922
- Escobar v. StateCourt of Criminal Appeals of Texas · 1932
- Smith v. StateCourt of Criminal Appeals of Texas · 1932
- Smith v. StateCourt of Criminal Appeals of Texas · 1924
- Williams v. StateCourt of Criminal Appeals of Texas · 1923
8 more not listed; retrieve them via the Exa API.