Ivory v. State
Court of Criminal Appeals of Texas
The following statement taken from appellant’s brief is substantially correct: Mike Thompson, the alleged injured party, testified that both parties were working in a restaurant and saloon together, and that the difficulty started, over an order appellant had given him for some ham jumbles to be cooked; that he didn’t hurry up the order as he had been using the telephone, and appellant asked him, “How about that order of mine?” and he said, “Well your order will come along…
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The following statement taken from appellant’s brief is substantially correct: Mike Thompson, the alleged injured party, testified that both parties were working in a restaurant and saloon together, and that the difficulty started, over an order appellant had given him for some ham jumbles to be cooked; that he didn’t hurry up the order as he had been using the telephone, and appellant asked him, “How about that order of mine?” and he said, “Well your order will come along in time,” that appellant then said,' “That order has been mighty long in coming,” and he .replied, “It ain’t any longer…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of assault with intent to commit murder, and his punishment fixed at confinement in the penitentiary for a term of two years; hence this appeal.
In the motion for new trial, a number of exceptions were taken to the charge of the court, and the failure of the court to give instructions upon certain phases of the case. Appellant insists that the court should have charged on cooling time, but it occurs to us from the evidence that this was a continuous transaction, and there was no occasion for the court to give an instruction as suggested. If on another…
2Cited by10 opinions
- Salisbury v. StateCourt of Criminal Appeals of Texas · 1921
- Deneaner v. StateCourt of Criminal Appeals of Texas · 1910
- Price v. StateCourt of Criminal Appeals of Texas · 1917
- Short v. StateCourt of Criminal Appeals of Texas · 1931
- Lira v. StateCourt of Criminal Appeals of Texas · 1929
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