Rider v. State
Court of Appeals of Texas
Appeal from the District Court of Smith. Tried below before the Hon. F. J. McCord. The conviction in this case was for an assault with intent to murder Matt "Webb, and the- penalty assessed was a term of two years in the penitentiary. Matt Webb was the first witness for the State.
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Appeal from the District Court of Smith. Tried below before the Hon. F. J. McCord. The conviction in this case was for an assault with intent to murder Matt "Webb, and the- penalty assessed was a term of two years in the penitentiary. Matt Webb was the first witness for the State. He testified that, on the night of February 3, 1887, the defendant and many •other persons attended a party at the house of Jesse Webb, the brother of the witness, which said house was situated in Smith •county, Texas. The said house of Jesse Webb stood on the north side of the road and faced south, the said road…
1Opinion of the Court
White, Presiding Judge.
There was a conflict between the witnesses for the State and the defendant—the State’s witnesses swearing positively that defendant shot Matt Webb, and the defendant’s witnesses placing him, at the time of the shooting and immediately after it, in such a situation as to render it impossible he could have done it.
A special instruction requested by defendant, and given by the court, presented the law applicable to this question, as follows, viz: “If you have a reasonable doubt as to whether the defendant was the person who shot Matt Webb, you should acquit him. If you are…
2Cases cited1 opinion
- Wafford v. StateTexas Supreme Court · 1876
3Cited by3 opinions
- State v. BridgemanOhio Court of Appeals · 1977
- Mytinger v. WaldripCourt of Appeals of Texas · 1926
- Thomas v. StateCourt of Criminal Appeals of Texas · 1913