Rippey v. State
Court of Appeals of Texas
Appeal from the District Court of Hopkins. Tried below before Hon. E. W. Terhune. This conviction was for an assault with intent to murder Ben McGill. The penalty assessed by the verdict was a term of three years in the penitentiary. The identity of the defendant as the party who fired upon and shot Ben McGill was the disputed issue in this case. McGill lived at Reiley Springs, in Hopkins County, about ten miles distant from the town of Sulphur Springs.
Read the full summary
Appeal from the District Court of Hopkins. Tried below before Hon. E. W. Terhune. This conviction was for an assault with intent to murder Ben McGill. The penalty assessed by the verdict was a term of three years in the penitentiary. The identity of the defendant as the party who fired upon and shot Ben McGill was the disputed issue in this case. McGill lived at Reiley Springs, in Hopkins County, about ten miles distant from the town of Sulphur Springs. It was testified, and was not controverted, that he was called to his front gallery between the hours of 3 and 4 o’clock on the morning of…
1Opinion of the Court
WHITE, Presiding Judge.
1. When the trial was about to begin, and after the jury had been impaneled, it was discovered that the clerk had neglected to endorse his file mark on the indictment. " The district attorney moved the court to have the clerk to make the proper file mark endorsement upon it, and this was done by order of the court, over objection of defendant, as shown by his first bill of exceptions. The ruling of the court was correct. Caldwell v. The State, 5 Texas, 18; Willson’s Crim. Stats., secs. 1942, 1943.
2. On the first day of the trial seven men were selected as jurors, and…
2Cases cited1 opinion
- Caldwell v. StateTexas Supreme Court · 1849
3Cited by7 opinions
- Wolfe v. StateCourt of Criminal Appeals of Texas · 1944
- Lowe v. StateCourt of Criminal Appeals of Texas · 1920
- Hill v. State, Texas Court of Appeals, 5th District (Dallas)1990
- Hawkins v. State, Texas Court of Appeals, 5th District (Dallas)1989
- State v. BacaNew Mexico Supreme Court · 1952
2 more not listed; retrieve them via the Exa API.