Porter v. State
Court of Appeals of Texas
Appeal from the District Court of Smith. Tried below before the Hon. M. H. Bokner. The evidence adduced by the prosecution was the testimony of witnesses who stated that on the night of January 6, 1876, the accused and Barrett, the assaulted party, were at Rhome’s grocery, in Smith county; that Barrett bought 50 cents’ worth of whisky, and to pay for it gave a $5 bill to Rhome,. who gave him in change three $1 bills, one 50-cent bill, and four quarters; that the accused and…
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Appeal from the District Court of Smith. Tried below before the Hon. M. H. Bokner. The evidence adduced by the prosecution was the testimony of witnesses who stated that on the night of January 6, 1876, the accused and Barrett, the assaulted party, were at Rhome’s grocery, in Smith county; that Barrett bought 50 cents’ worth of whisky, and to pay for it gave a $5 bill to Rhome,. who gave him in change three $1 bills, one 50-cent bill, and four quarters; that the accused and Barrett left the grocery together between ten and twelve o’clock that night; that about two o’clock Barrett was found…
1Opinion of the CourtWhite, J.
The court did not err in overruling the motion to quash the indictment, because, when tested by repeated decisions of our supreme court, it is amply sufficient to charge the defendant with- the statutory crime of' assault with intent to murder. The State v. Rutherford, 13 Texas, 28 ; The State v. Croft, 15 Texas, 575 ; The State v. Killough, 32 Texas, 74; The State v. Peters, 36 Texas, 325 ; James v. The State, 36 Texas, 646 ; Martin v. The State, 40 Texas, 19 ; Bittick v. The State, 40 Texas, 117 ; *396The State v. Walker, 40 Texas, 485 ; Carr v. The State, 41 Texas, 546 ; Mayfield v. The State,…
2Cases cited12 opinions
- Tollett v. StateTexas Supreme Court · 1875
- United States v. ReyburnSupreme Court of the United States · 1832
- Martin v. StateTexas Supreme Court · 1874
- Walker v. StateTexas Supreme Court · 1873
- Bittick v. StateTexas Supreme Court · 1874
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