Agitone v. State
Texas Supreme Court
Appeal from Frio. Tried below before the Hon. James A. Ware. Agitone was charged in the indictment with making an assault on Samuel P. Baseom with intent to murder him. The testimony disclosed the following facts: Agitone and his companion were eating their dinner in camp when Bascom approached him and indulged in cursing and abusing him. Upon this Agitone told Baseom not to curse him, whereupon Bascom turned and walked toward a gate at which his gun had just been left.
Read the full summary
Appeal from Frio. Tried below before the Hon. James A. Ware. Agitone was charged in the indictment with making an assault on Samuel P. Baseom with intent to murder him. The testimony disclosed the following facts: Agitone and his companion were eating their dinner in camp when Bascom approached him and indulged in cursing and abusing him. Upon this Agitone told Baseom not to curse him, whereupon Bascom turned and walked toward a gate at which his gun had just been left. Agitone followed him, and drawing his pistol, presented it. On this Bascom ceased going toward the gate where the gun was,…
1Opinion of the Court
Roberts, Chief Justice.
Under the evidence,.the jury were justified in concluding that Agitone pointed a cocked pistol at Bascom, and the real question in the case was, with what intention was it so pointed. Was it pointed at him with the intention of then shooting him as he went offj and he was only prevented from doing it by the interference of his comrade, Pancho ? or was it pointed at him with the intention of being in readiness to defend himself in the event Bascom got his gun at the gate, towards which he was then going, and sought to use it against defendant ? If by the latter intention…
2Cited by8 opinions
- Crisp v. StateCourt of Criminal Appeals of Texas · 1920
- Borden v. StateCourt of Criminal Appeals of Texas · 1901
- White v. StateCourt of Appeals of Texas · 1891
- Marnoch v. StateCourt of Appeals of Texas · 1879
- Everett v. StateCourt of Appeals of Texas · 1878
3 more not listed; retrieve them via the Exa API.