Legal Opinion

Lyons v. State

Court of Appeals of Texas

Decided February 13, 1892No. 3256PublishedCited by 5 opinions

■ Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. This appeal is from a judgment of conviction for assault with intent to murder, the punishment being assessed at two years in the penitentiary. It is unnecessary to give a detailed statement of the facts, further than they are contained in the testimony of George Lyons in his own behalf, who testified as follows: “lam the defendant in this cause; am a fireman on the railway.

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■ Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. This appeal is from a judgment of conviction for assault with intent to murder, the punishment being assessed at two years in the penitentiary. It is unnecessary to give a detailed statement of the facts, further than they are contained in the testimony of George Lyons in his own behalf, who testified as follows: “lam the defendant in this cause; am a fireman on the railway. On the morning of the trouble testified to by the State’s witnesses I was walking up Tenth Street, in Temple, Avith Sam Thornburn. Sam was…

1Opinion of the Court

HURT, Judge.

This is a conviction for an assault with intent to murder, with two years confinement in the penitentiary as the punishment. But two questions are presented.in the very elaborate brief and argument for appellant: (1) The sufficiency of the evidence to sustain the verdict. (2) Was there error in the charge of the court?

We have carefully examined the charge, and when it is considered with reference to the facts, we believe it to be without error.

Does the evidence support the verdict? We think not. When the statement of facts is examined, the conclusion is inevitable that old man…

2Cited by5 opinions

  1. State v. OchoaNew Mexico Supreme Court · 1937
  2. People v. BondCalifornia Court of Appeal · 1910
  3. Lee v. StateCourt of Criminal Appeals of Texas · 1948
  4. Hallback v. StateAlaska Supreme Court · 1961
  5. Standard v. Texas Pacific Coal & Oil Co.Court of Appeals of Texas · 1931

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