Perez v. State
Court of Criminal Appeals of Texas
The opinion states the case.
1Opinion of the Court
CHRISTIAN, Judge.
The offense is assault with intent to murder; the punishment confinement in the penitentiary for two years.
It was charged in the indictment that appellant “did then and there unlawfully with malice aforethought shoot Will O’Dell with intent then and there to kill the said Will O’Dell.” Appellant made no motion to quash the indictment, but filed a motion in arrest of judgment. The motion was predicated on the ground that the indictment failed to charge that appellant assaulted the injured party with intent to murder him.
The statute provides that the motion shall be granted…
2Cases cited14 opinions
- Melley v. StateCourt of Criminal Appeals of Texas · 1922
- Mathis v. StateCourt of Criminal Appeals of Texas · 1898
- Mayfield v. StateTexas Supreme Court · 1874
- Bittick v. StateTexas Supreme Court · 1874
- Carr v. StateTexas Supreme Court · 1874
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dovalina v. StateCourt of Criminal Appeals of Texas · 1978
- Colman v. StateCourt of Criminal Appeals of Texas · 1976
- Ekern v. StateCourt of Criminal Appeals of Texas · 1947
- Cross v. State, Texas Court of Appeals, 5th District (Dallas)1983
- Williams v. StateCourt of Criminal Appeals of Texas · 1969
3 more not listed; retrieve them via the Exa API.