Legal Opinion

Prescott v. State

Court of Criminal Appeals of Texas

Decided November 11, 1908No. 4025PublishedCited by 8 opinions

The facts of this case appear in the opinion of the court on former appeal, 101 S. W. Rep., 315, as follows: A summary of the facts show that prosecutor, Beese, had married the divorced wife of appellant. Appellant had some three or four children by said wife, and they had been living with prosecutor and his wife in the town of Amarillo. It seems that some difference arose between prosecutor and his - wife, formerly Mrs. Prescott, and they had separated.

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The facts of this case appear in the opinion of the court on former appeal, 101 S. W. Rep., 315, as follows: A summary of the facts show that prosecutor, Beese, had married the divorced wife of appellant. Appellant had some three or four children by said wife, and they had been living with prosecutor and his wife in the town of Amarillo. It seems that some difference arose between prosecutor and his - wife, formerly Mrs. Prescott, and they had separated. Prosecutor was at the time living in his own house, which he had rented to a Mrs. Flowers, who boarded appellant and his child, by a former…

1Opinion of the Court

RAMSEY, Judge.

Appellant was indicted in the District Court of Potter County on a charge of assault with intent to murder.' The trial from which this appeal results was had in Armstrong County where the case was sent on change of venue on application of appellant. The case has twice been before this court and the facts will appear with a reasonable fullness in the earlier opinions of the court in this case, as found in 101 S. W. Rep., 192, and 105 S. W. Rep., 215. On this trial appellant was found guilty of assault with intent to murder and his punishment assessed at confinement in the…

2Cases cited1 opinion

  1. Logan v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by8 opinions

  1. Cain v. StateCourt of Criminal Appeals of Texas · 1950
  2. Merka v. StateCourt of Criminal Appeals of Texas · 1917
  3. Biegajski v. State, Texas Court of Appeals, 4th District (San Antonio)1983
  4. Felix v. StateCourt of Criminal Appeals of Texas · 1944
  5. Cain v. StateCourt of Criminal Appeals of Texas · 1950

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