Wiseman v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. Appellant was indicted for assault with intent to murder one K. L. Spivey, and at his trial was convicted, with his punishment assessed at imprisonment for two years in the penitentiary.
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Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. Appellant was indicted for assault with intent to murder one K. L. Spivey, and at his trial was convicted, with his punishment assessed at imprisonment for two years in the penitentiary. It appears from the testimony, that there was a dance given at Cary White’s on the night of January 7, 1893, which was attended by a number of young people, among them Spivey and appellant, who had theretofore and up to the encounter been good friends. While the dance was progressing, appellant was sitting on Spivey’s knee,…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of an assault with intent to murder. Bills of exceptions were reserved to the admission of insulting language used by defendant in regard to Miss Mitchell, as well as to the charge of the court in several particulars, but inasmuch as the bills were not filed until two days after adjournment of the court, they can not be considered on appeal. This disposes of the objection to the testimony. If, however, the charge, though not excepted to at the time, is erroneous, the judgment will be reversed, provided the errors are of such a nature, when considered in…
2Cited by3 opinions
- Lamb v. StateCourt of Criminal Appeals of Texas · 1914
- Girtman v. StateCourt of Criminal Appeals of Texas · 1914
- Stevens v. StateCourt of Criminal Appeals of Texas · 1938