Davis v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Harris. Tried below before Hon. E. D. Cavin. Appeal from a conviction for assault with intent to murder; penalty, four years imprisonment in the penitentiary. The indictment charged appellant with an assault with intent to murder one H. A. Dellery, on the 8th day of April, 1898. The purported statement of facts as found in the record was not considered on this appeal because not filed in time, and no good excuse shown for the delay.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of an assault with intent to murder, and his punishment assessed at confinement in the penitentiary for a term of four years; hence this appeal.
What purports to be a statement of facts was filed on the 14th of July, —court having adjourned on the preceding 2d of July,—being more than ten days after the adjournment of court/ Appellant, by an affidavit, seeks to excuse his laches in filing the same before the expiration of the ten days. We have examined said affidavit carefully, and do not think that same excuses the delay. The motion for new trial was…
2Cases cited1 opinion
- Bryant v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by9 opinions
- Eckert v. StewartCourt of Appeals of Texas · 1918
- Roberts v. StateCourt of Criminal Appeals of Texas · 1911
- Dumas v. StateCourt of Criminal Appeals of Texas · 1905
- Cannon v. StateCourt of Criminal Appeals of Texas · 1900
- Cornelius v. StateCourt of Criminal Appeals of Texas · 1908
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