Legal Opinion

Cooper v. State

Court of Criminal Appeals of Texas

Decided November 30, 1910No. 722PublishedCited by 6 opinions

Appeal from the District Court of Leon. Tried below before the Hon. S. W. Dean. Appeal from a conviction of assault with intent to murder; penalty, two years imprisonment in the penitentiary. The testimony for the State showed that the prosecutor and defendant got into an altercation, in the course of which defendant struck at prosecutor with a stick, and then fired at him with a pistol while prosecutor was running away from defendant, but did not hit him either time.

1Opinion of the Court

McCORD, Judge.

Appellant was convicted for assault with intent to murder, and his punishment was assessed at confinement in the penitentiary for a period of two years.

1. Complaint is made of the following charge of the court: “An assault becomes aggravated when committed with a deadly weapon under circumstances not amounting to an intent to murder or maim.” Substantially, the same objection is made to the eleventh paragraph of the court’s charge, which is as follows: “Or if you find from the evidence beyond a reasonable doubt that the defendant on or about the time alleged in the indictment in…

2Cited by6 opinions

  1. Flanagan v. StateCourt of Criminal Appeals of Texas · 1984
  2. Burks v. StateCourt of Criminal Appeals of Texas · 1942
  3. Ekern v. StateCourt of Criminal Appeals of Texas · 1947
  4. Flanagan v. StateCourt of Criminal Appeals of Texas · 1984
  5. Flanagan v. StateCourt of Criminal Appeals of Texas · 1984

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