Kelly v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Jasper. Tried below before Hon. W. P. Hicks. Appeal from a conviction of assault with intent to murder; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with assault with intent to murder Marian Kelley, on the 24th day of December, 1900. Marian Kelly was appellant’s brother, and he swore positively that it was defendant, his brother, who shot him.
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Appeal from the District Court of Jasper. Tried below before Hon. W. P. Hicks. Appeal from a conviction of assault with intent to murder; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with assault with intent to murder Marian Kelley, on the 24th day of December, 1900. Marian Kelly was appellant’s brother, and he swore positively that it was defendant, his brother, who shot him. The record does not disclose the motive of defendant in shooting his brother.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of assault with intent to commit murder, and his punishment assessed at confinement in the penitentiary for a term of two years.
Appellant made a motion for continuance, based on the absence of Mrs Vick Kelly, Hiram Kelly and Daniel Kelly, which was refused; and this action of the court was made a ground of the motion for new trial, which was overruled. An examination of the record discloses a want of diligence as to each of said witnesses. This case was tried on October 27, 1902. The indictment was pending at the previous March term. Two of said…
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