Bean v. State
Court of Appeals of Texas
Appeal from the District Court of Lamar. Tried below before the Hon. D. H. Scott. The indictment charged the appellant, in the second degree, with the murder of Samuel Wooldridge, in Lamar county, Texas, on the twenty-sixth day of October, 1886. The conviction was for aggravated assault and battery, and the penalty assessed by the verdict was a fine of one thousand dollars and confinement in the county jail for the period of eighteen months.
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Appeal from the District Court of Lamar. Tried below before the Hon. D. H. Scott. The indictment charged the appellant, in the second degree, with the murder of Samuel Wooldridge, in Lamar county, Texas, on the twenty-sixth day of October, 1886. The conviction was for aggravated assault and battery, and the penalty assessed by the verdict was a fine of one thousand dollars and confinement in the county jail for the period of eighteen months. S. C. Vaughan was the first witness for the State. He testified that he and the deceased went together to the gin of Colonel Bean, the defendant’s…
1Opinion of the Court
White, Presiding Judge.
In this case the indictment was for murder of the second degree, the charge being that appellant .“did, unlawfully, and with his implied malice aforethought, kill *355and murder Samuel Wooldridge, by then and there striking, beating, bruising and wounding him, the said Samuel Wooldridge, with a certain stick,” etc. At the trial had upon this indictment, appellant was convicted of aggravated assault and battery, the penalty- assessed being a fine of one thousand dollars, and eighteen months imprisonment in the county jail.
1. It is contended that, under the indictment for…
2Cases cited1 opinion
- State v. WuppermanTexas Supreme Court · 1854
3Cited by3 opinions
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- Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
- State v. ShaverSupreme Court of Iowa · 1923