Legal Opinion

Bittick v. State

Texas Supreme Court

Decided July 1, 1874PublishedCited by 21 opinions

Appeal from Delta. Tried below before the Hon. John C. Easton. Bittick and Williams were indicted, August, 1873, for an assault with intent to kill and murder one J. H. Verner.

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Appeal from Delta. Tried below before the Hon. John C. Easton. Bittick and Williams were indicted, August, 1873, for an assault with intent to kill and murder one J. H. Verner. The indictment charged “that on the first day of August, 1871, in the county of Delta, in the State of Texas, with force and arms, Samuel Bittick and John Williams an assault upon the body of J. H. Verner did make, and with intent him, feloniously and of malice aforethought, to kill and murder, against the peace and dignity of the State.” At the same term the case was tried. The district attorney did not insist on a…

1Opinion of the Court

Gray, Associate Justice.

Appellants were jointly indicted for assault with intent to murder. The indictment charges that the accused, with force and arms, upon the body of J. H. Verner an assault did make, and with intent him, feloniously and of malice aforethought, to kill and murder. It also alleges the time and county, but does not ■ allege the instrument or means used, nor the circumstances how, or in what particular place the assault was made. Exceptions by motion to quash, in charges asked to the jury, and by motions for new trial and in arrest of judgment, were made to this indictment…

2Cited by21 opinions

  1. Lacoume v. StateCourt of Criminal Appeals of Texas · 1912
  2. Farris v. StateCourt of Appeals of Texas · 1888
  3. Morris v. StateCourt of Appeals of Texas · 1882
  4. Perez v. StateCourt of Criminal Appeals of Texas · 1929
  5. Raleigh v. StateCourt of Criminal Appeals of Texas · 1914

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