Erwin v. State
Court of Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before the Hon. A. J. Hood. The indictment charged the appellant with an assault with intent to kill and murder W. T. Whitlow, in Tar-rant county, Texas, on the 1st day of November, 1880. His trial resulted in his conviction of the offense charged against him, and two years in the penitentiary was the punishment awarded him.
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Appeal from the District Court of Tarrant. Tried below before the Hon. A. J. Hood. The indictment charged the appellant with an assault with intent to kill and murder W. T. Whitlow, in Tar-rant county, Texas, on the 1st day of November, 1880. His trial resulted in his conviction of the offense charged against him, and two years in the penitentiary was the punishment awarded him. The substance of the ¿vidence for the prosecution was, that, on the morning of November 1st, 1880, at about 71-2 o’clock, Whitlow, the injured man, was standing in the door of a saloon in which he was employed, in…
1Opinion of the CourtHurt, J.
Erwin, the appellant, was convicted of the offense of assault with intent to murder. His defense was that he was insane at the time of the assault; that he was suffering under a species of insanity known as delirium tremens. The evidence raises the issue as to whether the defendant was at the time of the assault in a drunken frenzy, or laboring under the disease known as delirium tremens. If, therefore, delirium tremens is such imbecility of mind as will excuse the defendant, or, to speak more in accord with legal principle, defeat guilt, then it was the duty of the court below to charge the…
2Cases cited5 opinions
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- Sutton v. StateTexas Supreme Court · 1874
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