Cooper v. State
Court of Appeals of Texas
Appeal from the District Court of Panola. Tried below before the Hon. A. J. Booty. The indictment charged the appellant with an assault with intent to murder Luther Crenshaw, on September 19, 1878. The jury found the appellant guilty, and assessed his punishment at two years in the penitentiary. Crenshaw was the principal witness for the State, and the only witness to the commission of the offence.
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Appeal from the District Court of Panola. Tried below before the Hon. A. J. Booty. The indictment charged the appellant with an assault with intent to murder Luther Crenshaw, on September 19, 1878. The jury found the appellant guilty, and assessed his punishment at two years in the penitentiary. Crenshaw was the principal witness for the State, and the only witness to the commission of the offence. He lived about three miles from the village of De Berry in Panola County, and the defendant lived near the same road, and between witness and the village. On the day alleged in the indictment, the…
1Opinion of the CourtWhite, P. J.
On the trial in this case, as shown by the statement of facts, when the assaulted party, “ Luther Crenshaw, was offered as a witness by the State, defendant’s counsel examined him upon his voir dire, and proved by said witness that he had been convicted of a felony in the District Court of Harrison County, Texas, and served a term of eighteen months in the penitentiary. The.county attorney then asked the witness 1 if he had not been pardoned by the governor.’ Defendant objected to the witness’s testifying only as to his having been pardoned, insisting that the pardon itself should be…
2Cases cited11 opinions
- Johnson v. StateTexas Supreme Court · 1865
- People v. WhippleCourt Of Oyer And Terminer New York · 1827
- Moughon v. StateSupreme Court of Georgia · 1876
- People v. HerrickNew York Supreme Court · 1816
- Evans v. GeorgeIllinois Supreme Court · 1875
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