Williams v. State
Court of Appeals of Texas
Appeal from District Court of Falls. Tried below before the Hon. Eugene Williams. The conviction in this case was for an assault to murder one G. H. Gassaway. The penalty assessed against the appellant was a term of three years in the penitentiary. Captain G. H. Gassaway was the first witness for the Sta te. He testified that he lived about eight miles west of the town of Marlin, Falls county, Texas.
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Appeal from District Court of Falls. Tried below before the Hon. Eugene Williams. The conviction in this case was for an assault to murder one G. H. Gassaway. The penalty assessed against the appellant was a term of three years in the penitentiary. Captain G. H. Gassaway was the first witness for the Sta te. He testified that he lived about eight miles west of the town of Marlin, Falls county, Texas. He knew the defendant on December 23, 1885, prior to which date he had seen him a few times about town. Witness came to the town of Marlin on the twenty-third day of December, 1885, and, after…
1Opinion of the Court
Willson, Judge.
I. The indictment is in the usual form, and the court did not err in overruling exceptions to it. (Willson’s Cr. Forms, sec. 357, p. 161, and cases there cited.)
II. It is the well settled law of this State that when any unlawful and violent attack is made by one person upon another, which reasonably indicates to the person attacked that serious bodily injury is about to be inflicted upon him, he may kill the assailant at once, without resorting to other means for the prevention of such threatened injury. (Hunnicutt v. The State, 20 Texas Ct. App., 642, and cases therein cited;…
2Cited by3 opinions
- Buck v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Opinion No., Arkansas Attorney General Reports2008
- Stroud v. StateCourt of Criminal Appeals of Texas · 1929