Burton v. State
Court of Appeals of Texas
Appeal from the County Court of Houston. Tried below before the Hon. S. A. Miller, County Judge. The charging part of the indictment alleged that the accused, “ with a certain pistol, which he the said John I. Burton in his hands then and there had and held, and which pistol was then and there a deadly weapon, in and upon one Eddie Currie, in the peace of Grod and of the said state then and there being, unlawfully, willfully, and with intent then and there to injure the said…
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Appeal from the County Court of Houston. Tried below before the Hon. S. A. Miller, County Judge. The charging part of the indictment alleged that the accused, “ with a certain pistol, which he the said John I. Burton in his hands then and there had and held, and which pistol was then and there a deadly weapon, in and upon one Eddie Currie, in the peace of Grod and of the said state then and there being, unlawfully, willfully, and with intent then and there to injure the said Eddie Currie, an aggravated assault did make, and that the said John I. Burton did then and there, with the pistol…
1Opinion of the CourtWhite, J.
Appellant was indicted for an aggravated assault, found guilty of a simple assault, and his punishment affixed at a fine of 1 cent.
It is insisted that the motion to quash the indictment should have been sustained. The main grounds of the motion were that the indictment did not charge that defendant presented the pistol at the assaulted party within carrying distance; that the indictment did not show how the defendant attempted to use the pistol; and that the indictment was duplicitous.
The indictment in the case of Crow v. The State, 41 Texas, 468, is very similar to the one in this case, and…
2Cases cited11 opinions
- Martin v. StateTexas Supreme Court · 1874
- Crow v. StateTexas Supreme Court · 1874
- Bittick v. StateTexas Supreme Court · 1874
- State v. SmithTexas Supreme Court · 1859
- Pinson v. StateTexas Supreme Court · 1859
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