Legal Opinion

Crumes v. State

Court of Appeals of Texas

Decided May 21, 1890No. 6746PublishedCited by 8 opinions

Appeal from the District Court of Collin. Tried below before Hon. H. 0. Head. This conviction was for .an assault with intent to rob Mrs. E. Wooten, .and the penalty assessed against the appellant was a term of eight years in the penitentiary. Mrs. E. Wooten was the first witness for the State. She testified, in substance, that she lived with her husband and six children about two ;and a half miles from Plano in Collin County.

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Appeal from the District Court of Collin. Tried below before Hon. H. 0. Head. This conviction was for .an assault with intent to rob Mrs. E. Wooten, .and the penalty assessed against the appellant was a term of eight years in the penitentiary. Mrs. E. Wooten was the first witness for the State. She testified, in substance, that she lived with her husband and six children about two ;and a half miles from Plano in Collin County. Her husband left home .about 8 o’clock on the night of January 1, 1890, to go to the house of Mr. Brown, about 300 yards distant. About midnight the witness was aroused…

1Opinion of the Court

Willson, Judge.

In an indictment for an assault with intent to rob it is not necessary to describe the property which the defendant intended to take, nor is it essential to aver that the defendant intended to deprive the owner of the property of the value of it. In this case the indictment alleges all the elements of the offense,, and the exceptions thereto were properly overruled. Morris v. The State; 13 Texas Ct. App., 65.

*519It was not error to permit witnesses to state their opinions as to the correspondence of tracks found at and near the place of the attempted robbery and the shoes worn by…

2Cited by8 opinions

  1. McKenzie v. StateCourt of Criminal Appeals of Texas · 1981
  2. Gonzales v. StateCourt of Criminal Appeals of Texas · 1975
  3. State v. MillmeierSupreme Court of Iowa · 1897
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1976
  5. State v. WhitbeckSupreme Court of Iowa · 1909

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