Legal Opinion

Roberts v. State

Court of Criminal Appeals of Texas

Decided December 15, 1915No. 3811PublishedCited by 4 opinions

Appeal from the District Court of San Augustine. Tried below before the Hon. A. E. Davis. Appeal from a conviction of assault with intent to murder; penalty, seven years imprisonment in the penitentiary. The opinion states the case. On question of continuance: Beard ;v. State, 55 Texas Crim. Bep., 154, 115 S. W. Bep., 592; sec. 259, : Branch’s Crim. Law. On question of argument of counsel: Brailsford v. State, 158 S. W. Bep., 541; Daniels v. State, 71 Texas Crim.

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Appeal from the District Court of San Augustine. Tried below before the Hon. A. E. Davis. Appeal from a conviction of assault with intent to murder; penalty, seven years imprisonment in the penitentiary. The opinion states the case. On question of continuance: Beard ;v. State, 55 Texas Crim. Bep., 154, 115 S. W. Bep., 592; sec. 259, : Branch’s Crim. Law. On question of argument of counsel: Brailsford v. State, 158 S. W. Bep., 541; Daniels v. State, 71 Texas Crim. Bep., 662 160 S. W. Bep., 707. Cited cases in opinion.

1Opinion of the Court

PEENDEBGAST, Pees-idiNg Judge.

Appellant was convicted of an assault with intent to murder, and his punishment assessed at seven years in the penitentiary.

The evidence, while contradictory, is clearly sufficient to sustain the verdict.

Appellant made a motion for a continuance, which the court overruled. It so clearly, shows a total lack of diligence that it is unnecessary to state or discuss it. Stacy v. State, 77 Texas Crim. Rep., 52, 177 S. W. Rep., 114.

Appellant has three bills of exception, complaining of the argument of the district attorney. The bills are very meager, and merely complain…

2Cases cited6 opinions

  1. Knight v. StateCourt of Criminal Appeals of Texas · 1912
  2. Mooney v. StateCourt of Criminal Appeals of Texas · 1915
  3. Graham v. StateCourt of Criminal Appeals of Texas · 1914
  4. Stacy v. StateCourt of Criminal Appeals of Texas · 1915
  5. Morris v. StateCourt of Criminal Appeals of Texas · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Jordan v. StateCourt of Criminal Appeals of Texas · 1916
  2. Price v. StateCourt of Criminal Appeals of Texas · 1950
  3. Price v. StateCourt of Criminal Appeals of Texas · 1950
  4. Wood v. StateCourt of Criminal Appeals of Texas · 1916

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