Herera v. State
Court of Criminal Appeals of Texas
In November, 1889, the appellant was indicted in the District Court of Guadalupe County for an assault with intent to murder one C. Munk. He was found guilty of an assault to murder and sent to the penitentiary for the term of seven years. The facts in this trial were that the defendant had been hired by Munk in the city of San Antonio and brought by him to the home of said C. Munk in Guadalupe County.
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In November, 1889, the appellant was indicted in the District Court of Guadalupe County for an assault with intent to murder one C. Munk. He was found guilty of an assault to murder and sent to the penitentiary for the term of seven years. The facts in this trial were that the defendant had been hired by Munk in the city of San Antonio and brought by him to the home of said C. Munk in Guadalupe County. After the defendant had been with Munk two or three days he assaulted said C. Munk with a pea and inflicted very serious wounds upon his person, fracturing his skull in two or three jilaces,…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of robbery, and given twenty years in the penitentiary, and prosecutes this appeal. A number of errors are assigned in this case, but, in the view we take of it, it is only necessary to notice one question. Appellant filed a plea of former jeopardy, alleging, in appropria forma, that he had been convicted at a former term of the court on a charge of assault with intent to murder, and that he had been sentenced and served out his term (a term of seven years in the penitentiary) on said account; that the charge of robbery contained in this case was one…
2Cases cited1 opinion
- State v. SmithSupreme Court of Vermont · 1871
3Cited by29 opinions
- Duckett v. StateCourt of Criminal Appeals of Texas · 1970
- Ex Parte JewelCourt of Criminal Appeals of Texas · 1976
- George Anthony Rubino v. James A. Lynaugh, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1988
- Spannell v. StateCourt of Criminal Appeals of Texas · 1918
- Paschal v. StateCourt of Criminal Appeals of Texas · 1905
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