Jacobs v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bexar. Tried below before Hon. Robert B. Green. Appeal from a conviction for assault with intent to murder; penalty, two years’ imprisonment in the penitentiary. The indictment charged appellant with assault to murder one J. J. Wallace. Appellant and Wallace had been partners in mining operations in California. They came on burros, across the country, and camped in the neighborhood of San Antonio.
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Appeal from the District Court of Bexar. Tried below before Hon. Robert B. Green. Appeal from a conviction for assault with intent to murder; penalty, two years’ imprisonment in the penitentiary. The indictment charged appellant with assault to murder one J. J. Wallace. Appellant and Wallace had been partners in mining operations in California. They came on burros, across the country, and camped in the neighborhood of San Antonio. They came into the city, and indulged in liquid beverages until after dark, when they concluded to go to camp. They disputed about the direction to camp, and…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of an assault with intent to murder, and allotted a term of two years in the penitentiary. Being dissatisfied with rulings of the trial court, he prosecutes this appeal. By bill of exceptions it is shown that the State’s attorney, in his closing address to the jury, said: “The law is, when the State proves that the injury is inflicted, it devolves upon the defendant to show that it was an accident, or that the injury was unintentional.” The defendant objected, on the ground that the District Attorney was quoting a statute not applicable to the offense…
2Cited by2 opinions
- Holmes v. StateCourt of Criminal Appeals of Texas · 1912
- Buchanan v. StateCourt of Criminal Appeals of Texas · 1907