Moore v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hayes. Tried below before Hon. H. Teiohmdller. Appellant Joe Moore was, by indictment, charged with the offense of assault with intent to murder one Sam.Simon on the 4th day of. April, 1893. He was convicted of said offense, and his punishment assessed by the jury at seven years’ confinement in the State penitentiary, from which judgment he prosecutes this appeal.
Read the full summary
Appeal from the District Court of Hayes. Tried below before Hon. H. Teiohmdller. Appellant Joe Moore was, by indictment, charged with the offense of assault with intent to murder one Sam.Simon on the 4th day of. April, 1893. He was convicted of said offense, and his punishment assessed by the jury at seven years’ confinement in the State penitentiary, from which judgment he prosecutes this appeal. Defendant pleaded, in bar of this prosecution, that he had already, at a previous day of this term of the court, been tried and convicted for robbery, it being one and the same transaction as the…
1Opinion of the Court
DAVIDSON, Judge.
The assault to murder, of which appellant was convicted, was alleged to have been committed upon one Sam Simon. At a preceding day of the term of court he was convicted of the offense of robbery from the same person. In this case, in addition to his plea of not guilty, appellant pleaded such former conviction in bar of his prosecution. This plea was, upon exception made by the State, stricken out by the court, which ruling is assigned as error.
The plea avers, that “the offense charged against him in the indictment herein, and for which he is now being prosecuted, is one and…
2Cited by11 opinions
- Duckett v. StateCourt of Criminal Appeals of Texas · 1970
- Ex Parte JewelCourt of Criminal Appeals of Texas · 1976
- Paschal v. StateCourt of Criminal Appeals of Texas · 1905
- Doggett v. StateCourt of Criminal Appeals of Texas · 1935
- Compton v. StateCourt of Criminal Appeals of Texas · 1912
6 more not listed; retrieve them via the Exa API.