Yanez v. State
Texas Supreme Court
Appeal from Cameron. Tried below before the Hon. M. P. Norton. Indictment of Nicolas Yanez, Sept. 17th, 1857, for assault with intent to kill and murder, upon the body of one Juan Gonzales, committed on the 23d day of August preceding.
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Appeal from Cameron. Tried below before the Hon. M. P. Norton. Indictment of Nicolas Yanez, Sept. 17th, 1857, for assault with intent to kill and murder, upon the body of one Juan Gonzales, committed on the 23d day of August preceding. Next day c.ame the prisoner, with his counsel, and waived the time of service of a copy of the indictment, pleaded not guilty, was put upon his trial, and found guilty; the punishment being assessed at four years’ confinement in the penitentiary. Same day motion for a new trial, on the ground that the verdict was not sustained by the evidence. On the 21st…
1Opinion of the CourtWheeler, J.
Two grounds are relied on for reversing the judgment. 1st. That the verdict was not warranted by the evidence. 2d. That the Court erred in refusing to grant a new trial, on the ground of surprise; and because the defendant did not have a fair and impartial trial.
It appears by the evidence, that the assault was voluntary, and committed with deliberate design; and there is the absence of any extenuating circumstance. Had it caused the death of the party assaulted, the crime would have been murder. (Penal Code, Art. 607, 608.) And that is made a criterion by which to determine the intent, and…
2Cited by9 opinions
- Knight v. StateCourt of Criminal Appeals of Texas · 1912
- Trevinio v. StateCourt of Appeals of Texas · 1889
- Watts v. StateCourt of Appeals of Texas · 1891
- Graves v. StateCourt of Criminal Appeals of Texas · 1912
- Smith v. ClewsNew York Supreme Court · 1884
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