McKay v. State
Texas Supreme Court
Appeal from Gaudalupe. Tried below before the Hon. John P. White. George McKay, while carrying a pistol, which was unloaded and out of repair, let it fall accidentally as he was Tiding along the road. Upon this Dan Duke, who was .near, laughed at the accident when he saw McKay dis-i mounting to recover it.
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Appeal from Gaudalupe. Tried below before the Hon. John P. White. George McKay, while carrying a pistol, which was unloaded and out of repair, let it fall accidentally as he was Tiding along the road. Upon this Dan Duke, who was .near, laughed at the accident when he saw McKay dis-i mounting to recover it. Upon observing this McKay said to Dulce, “I am the worst man in all these parts, and) would as soon shoot you as not,” at the same time ordering Duke to kneel down, which he did, as he stated, through fear. The parties were about six paces apart. Verdict, guilty of an assault, and fine of…
1Opinion of the Court
Roberts, Chief Justice.
The charge of the court, which presents the main issue in the case is as follows:
*47“If the jury believe from the evidence that the defendant pointed an unloaded pistol at Daniel Duke, (within shooting distance, if the pistol had been loaded,) with intent to frighten him, at the same time ordering him to kneel down, and that the said Duke, not knowing that said pistol was not loaded, was made to feel afraid, and caused to kneel down, the defendant is guilty of an assault.”
This charge was given at the instance of the district attorney, the facts in proof being substantially…
2Cited by9 opinions
- State v. GodfreyOregon Supreme Court · 1889
- Chapman v. StateSupreme Court of Alabama · 1885
- Ward v. StateCourt of Criminal Appeals of Texas · 1912
- Pearce v. StateCourt of Criminal Appeals of Texas · 1897
- Robey v. StateCourt of Criminal Appeals of Texas · 1913
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