Harris v. State
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. A. S. Broaddus. The appellant was indicted at the July Term, 1875, of the District Court of Brazoria county for assault with intent to murder Jake Scurry, and on 25th of the same month was tried and convicted, the jury assessing his punishment at five years in the penitentiary.
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Appeal from Brazoria. Tried below before the Hon. A. S. Broaddus. The appellant was indicted at the July Term, 1875, of the District Court of Brazoria county for assault with intent to murder Jake Scurry, and on 25th of the same month was tried and convicted, the jury assessing his punishment at five years in the penitentiary. The motion for new trial, which alleged the refusal of the court to permit defendant to introduce a witness after argument had begun, was overruled and the case appealed to the Supreme Court. The immateriality of the testimony excluded is shown in the opinion, which…
1Opinion of the Court
Roberts, Chief Justice.
The defendant, being convicted for an assault with intent to murder, moved for a new trial on two grounds, to wit, that the charge of the court misled the jury as to the law, and error on the trial after the argument had commenced in not permitting a witness for the defendant to be produced and his evidence given in the case, which motion was overruled.
The charge of the court was reasonably sufficient.
The witness sought to be introduced would have proved that at the time Jake Scurry was cut it was a half an hour or an hour in the night and quite dark, and that upon…
2Cited by4 opinions
- Peek v. StateCourt of Criminal Appeals of Texas · 2003
- Sturgeon v. StateCourt of Criminal Appeals of Texas · 2003
- Noftsinger v. StateCourt of Appeals of Texas · 1879
- Treadway v. StateCourt of Appeals of Texas · 1877