Stewart v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Gregg. Tried below before Hon. Felix J. McCord. The indictment charged appellant with assault with intent to murder one M. T. Jacobs. At the trial he was convicted and his punishment assessed at two years confinement in the penitentiary. The rulings of the court in the opinion do not require a detailed statement of the evidence.
1Opinion of the Court
SIMKINS, Judge.
Defendant was convicted of an assault with intent to murder, and sentenced to two years in the penitentiary, and appeals to this court. The case must be reversed on several grounds:
1. There is no proof of time. The only evidence on this point in the record is that the difficulty occurred on the-day of February, but the year is not stated, and it does not appear but that the offense was barred. Grigsby v. The State, 9 Texas Ct. App., 51.
2. It does not appear with sufficient certainty that the offense was committed in Gregg County—it is proven that the fight in which defendant…
2Cited by16 opinions
- State v. SlyIdaho Supreme Court · 1905
- Robinson v. StateCourt of Criminal Appeals of Texas · 1910
- Latham v. StateCourt of Criminal Appeals of Texas · 1914
- Jones v. StateCourt of Criminal Appeals of Texas · 1913
- McGinnis v. StateCourt of Criminal Appeals of Texas · 1935
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