Schultz v. State
Court of Criminal Appeals of Texas
Appeal from the District .Court of Goliad. Tried below before the Hon. John M. Green. • 1 Appeal from a conviction of assault to murder; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of adequate cause: Gillespie v. State, 53 Texas Crim. Kep., 167, 109 S. W. Bep., 158; Crews v. State, 34 Texas Crim. Bep., 533; Jones v. State, 26 S. W. Bep., 1082; Tickle v. State, 6 Texas Crim.
Read the full summary
Appeal from the District .Court of Goliad. Tried below before the Hon. John M. Green. • 1 Appeal from a conviction of assault to murder; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of adequate cause: Gillespie v. State, 53 Texas Crim. Kep., 167, 109 S. W. Bep., 158; Crews v. State, 34 Texas Crim. Bep., 533; Jones v. State, 26 S. W. Bep., 1082; Tickle v. State, 6 Texas Crim. App., 623. Upon question of specific intent: Darity v. State, 43 S. W. Bep., 982. Cited cases in opinion.
1Opinion of the Court
HABPEB, Judge.
Appellant was convicted of assault to murder, and his punishment assessed at five years confinement in the penitentiary.
The evidence would show that appellant, Frank Zaiontz, D. C. O’Neil, Oliver Magrew, Arthur Hardt, Hugo Speiss, and appellant’s brother, Albert Schultz, all met at the saloon of Henry Dobsky, at Dobskyville, in Goliad County. Hugo Speiss called Frank Zaiontz a "rabbit.” Words followed, when appellaht- offered to loan Speiss a knife, saying he had two knives. Words then ensued between appellant and Zaiontz, and appellant started towards Zaiontz, and Zaiontz…
2Cases cited3 opinions
- Kosmoroski v. StateCourt of Criminal Appeals of Texas · 1910
- Juley v. StateCourt of Criminal Appeals of Texas · 1903
- Cole v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by1 opinion
- Higginbotham v. StateCourt of Appeals of Texas · 1989