Legal Opinion

Walters, Jr. v. State

Court of Criminal Appeals of Texas

Decided May 13, 1896No. 1020PublishedCited by 15 opinions

Appeal from the District Court of Hood. Tried below before Hon. J. S. Straughan. Appeal from a conviction for assault with intent to murder; penalty, three years’ imprisonment in the penitentiary. The opinion states the essential facts, and the charges of the court which were complained of are also set out in the opinion.

1Opinion of the Court

HENDERSON, Judge.

Appellant was tided and convicted for an assault with intent to murder, and given three years in the penitentiary, and prosecutes this appeal. The contention of the appellant that this conviction for assault with intent to. murder cannot be sustained, because there is no proof that the weapon with which the assault was committed was a deadly weapon, cannot be sustained. It is true that no witness describes the pocket knife further than to say that it was a “pocket knife,” and one claimed to be the knife was exhibited to the jury, but no description of the same is given;…

2Cited by15 opinions

  1. Banargent v. State, Texas Court of Appeals, 14th District (Houston)2007
  2. Dobbs v. StateCourt of Criminal Appeals of Texas · 1907
  3. Scott v. StateCourt of Criminal Appeals of Texas · 1901
  4. Jones v. StateCourt of Criminal Appeals of Texas · 1914
  5. Hudson v. StateCourt of Criminal Appeals of Texas · 1910

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