Atkinson v. State
Court of Criminal Appeals of Texas
The charging part of the indictment is set out in the opinion. A motion in arrest of judgment called in question the sufficiency of the indictment, in that it did “not charge an assault with intent to rob, but charges an assault and attempt to rob; and there is no such offense known to the law,” etc. This motion was overruled.
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The charging part of the indictment is set out in the opinion. A motion in arrest of judgment called in question the sufficiency of the indictment, in that it did “not charge an assault with intent to rob, but charges an assault and attempt to rob; and there is no such offense known to the law,” etc. This motion was overruled. It was proved by Bob Tullas, who was a brother-in-law of defendant, that a week or so before the attempted robbery he heard a conversation between Asa Perry, Henry Atkinson, the defendant, and Marcus Boss, in which they were planning and talking about going up on the…
1Opinion of the Court
HENDERSON, Judge.
The appellant in this case was tried in the court below on a charge of assault with intent to commit robbery, and his punishment assessed at confinement in the penitentiary for a term of two years. Appellant assigns as error the refusal of the court to quash the indictment in this case, and also the refusal of the court to arrest the judgment, which involves the validity of the indictment to charge the offense.■ The indictment charges that the appellant “did make an assault,” etc., “upon one S. D. Knox, and, by putting him in fear of life and bodily injury, did attempt to…
2Cases cited3 opinions
- Johnson v. StateSupreme Court of Georgia · 1853
- Prince v. StateSupreme Court of Alabama · 1860
- Hart v. StateTexas Supreme Court · 1873
3Cited by20 opinions
- Dovalina v. StateCourt of Criminal Appeals of Texas · 1978
- Egbert v. StateCourt of Criminal Appeals of Texas · 1915
- Robinson v. StateCourt of Criminal Appeals of Texas · 1912
- Fowler v. StateCourt of Criminal Appeals of Texas · 1912
- Cirul v. StateCourt of Criminal Appeals of Texas · 1918
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