Legal Opinion

Fielding v. State

Court of Criminal Appeals of Texas

Decided May 31, 1905No. 3029PublishedCited by 4 opinions

Appeal from the District Court of Chambers. Tried below before Hon. L. B. Hightower. Appeal from a conviction of assault with intent to murder; penalty, two years imprisonment in the penitentiary. The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

This conviction is for assault to murder. It is not necessary to discuss the facts upon which the conviction is predicated. Appellant introduced evidence along the line of self-defense; also of threats by the alleged assaulted party made shortly prior to the difficulty, which threats were communicated to him. He introduced evidence as to the immediate facts, to the effect that the party alleged to be assaulted was approaching him in a hostile attitude, and as he came he called appellant a damn son-of-a-bitch, and put his hand to a point about the waist-band of his…

2Cases cited1 opinion

  1. Barnes v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by4 opinions

  1. Lockhart v. StateCourt of Criminal Appeals of Texas · 1908
  2. Thompson v. StateCourt of Criminal Appeals of Texas · 1919
  3. Hearne v. StateCourt of Criminal Appeals of Texas · 1934
  4. Phelps v. StateCourt of Criminal Appeals of Texas · 1936

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