Stockton v. State
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. R. A. Reeves. Indictment for an assault with intent to murder Nathaniel C. Black. It was proved that there was a quarrel or difficulty between the defendant and one Love in the town of Jacksonville; occasionally loud talking and quarreling.
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Appeal from Cherokee. Tried below before the Hon. R. A. Reeves. Indictment for an assault with intent to murder Nathaniel C. Black. It was proved that there was a quarrel or difficulty between the defendant and one Love in the town of Jacksonville; occasionally loud talking and quarreling. Black, a constable, arrested Love, and advanced towards the defendant to arrest him, who had in his hand a butcher or carving knife, which he raised in a striking position, and commanded Black to “stand back,” or “keep off.” Black stepped back. Defendant neither struck at, nor offered to strike or stab him.…
1Opinion of the CourtRoberts, J.
The defendant was indicted for an assault with ' intent to murder upon Nathaniel 0. Black. It was proved that the assault was made upon Nathaniel D. Black. He was convicted of a simple assault. The evidence was objectéd to and the objection overruled, and the court was asked to charge that the defendant cannot be convicted in this case for an, assault on Nathaniel D. Black; which the court did not give, but instead thereof instructed the jury that, if they believed from the evidence that Nathaniel D. Black was the same person who is described in the indictment by the name of Nathaniel C.…
2Cases cited2 opinions
- McKay v. SpeakTexas Supreme Court · 1852
- Lemar v. MilesSupreme Court of Pennsylvania · 1835
3Cited by10 opinions
- Miller v. StateCourt of Criminal Appeals of Texas · 1893
- Cortez v. StateCourt of Criminal Appeals of Texas · 1902
- Miller v. StateCourt of Criminal Appeals of Texas · 1893
- Humphreys Oil Co. v. LilesCourt of Appeals of Texas · 1924
- Reichman v. HarrisCourt of Appeals for the Sixth Circuit · 1918
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