Jowell v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Armstrong on change of venue from Donley County. Tried below before Hon. H. H. Wallace. Appeal from a conviction of assault with "intent to murder; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with assault with intent to murder John Lindley, on the 12th day of July, 1902. The essential facts are stated in the opinion.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of assault with intent to murder, and his punishment assessed at confinement in the penitentiary for a term of two years.
The assault occurred in Donley County. Venue was changed to the county of Armstrong. When the case was called for trial, State’s counsel •called the court’s attention to the fact that the papers, including the transcript of the proceedings in Donley County, had not been filed by the clerk in Armstrong County. The court directed the clerk to place his file marks upon the papers. This occurred after both parties had announced…
2Cited by2 opinions
- Cupp v. StateCourt of Criminal Appeals of Texas · 1934
- People v. KafouryCalifornia Court of Appeal · 1911