Baines v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Erath. Tried below before Hon. W. J. Oxford. Appeal from a conviction of assault with intent to murder; penalty, three years imprisonment in the penitentiary. This is the second appeal in this case, and a sufficient statement of the essential facts may be seen by reference to the former appeal.
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Appeal from the District Court of Erath. Tried below before Hon. W. J. Oxford. Appeal from a conviction of assault with intent to murder; penalty, three years imprisonment in the penitentiary. This is the second appeal in this case, and a sufficient statement of the essential facts may be seen by reference to the former appeal. Baines v. State, 42 Texas Criminal Reports, 510. The questions discussed in the opinion on this appeal are so fully stated as to need no further statement concerning them.
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of an assault with intent to murder, and his punishment assessed at confinement in the penitentiary for three years. This is the second appeal; the former appeal being reported in 42 Texas Criminal Reports, 510, 1 Texas 'Court Reporter, 816. The facts on this trial are substantially the same as on the former trial, except several witnesses testified on this trial who did not testify on the former. But the State’s theory and the defendant’s were the same on both trials.
In the motion for new trial, appellant, for the first time, raises the question as to…
2Cases cited2 opinions
- Campbell v. StateCourt of Criminal Appeals of Texas · 1895
- Brantly v. StateCourt of Criminal Appeals of Texas · 1900
3Cited by32 opinions
- McDougal v. StateCourt of Criminal Appeals of Texas · 1917
- Coffman v. StateCourt of Criminal Appeals of Texas · 1914
- Haley v. StateCourt of Criminal Appeals of Texas · 1919
- State v. ConceliaSupreme Court of Missouri · 1913
- Rodriguez v. StateCourt of Criminal Appeals of Texas · 1936
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