Evans v. State
Court of Criminal Appeals of Texas
The principal witnesses for the State testified that while the injured party and others were on their way to school on the morning of the difficulty, passing defendant’s cow lot as the latter was turning out his cows into the road, the accused was attacked by the defendant after the defendant had thrown a stick at the party and the same had been thrown back by the injured party, and that in the altercation which ensued the defendant drew his pocket knife and cut the injured…
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The principal witnesses for the State testified that while the injured party and others were on their way to school on the morning of the difficulty, passing defendant’s cow lot as the latter was turning out his cows into the road, the accused was attacked by the defendant after the defendant had thrown a stick at the party and the same had been thrown back by the injured party, and that in the altercation which ensued the defendant drew his pocket knife and cut the injured party three or four times on" the hand and once on the left leg with said knife. The defendant claimed he acted in…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of an assault, and his punishment assessed at a fine of $5.
1. Bill of exceptions Ho. 1 complains that the court refused to require the county attorney to place upon the witness stand the alleged injured party, Andrew Winfrey, in order to test his mental qualifications as a witness, the said Andrew Winfrey being present in court, and the county attorney having placed Andrew Winfrey’s father, I. H. Winfrey, upon the witness stand for the purpose of proving said Andrew Winfrey’s mental incapacity, because under the direction of the court the mental…
2Cases cited3 opinions
- Moody v. StateCourt of Criminal Appeals of Texas · 1907
- Hays v. StateCourt of Criminal Appeals of Texas · 1894
- Aycock v. StateCourt of Criminal Appeals of Texas · 1909
3Cited by2 opinions
- Scott v. StateCourt of Criminal Appeals of Texas · 1910
- Roberts v. StateCourt of Criminal Appeals of Texas · 1914