Crow v. State
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. A. S. Broaddus. Crow, convicted of an aggravated assault upon an indictment charging “that John Crow and David Doss, * * on the 5th day of March, A. D. 1873, * * did then and there, in and upon the body of one Keziah Griffin, unlawfully, willfully, and maliciously make an assault, and with a certain pistol in the hands of him, the said John Crow, then and there had and held (the said David Doss then and there present aiding…
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Appeal from Burleson. Tried below before the Hon. A. S. Broaddus. Crow, convicted of an aggravated assault upon an indictment charging “that John Crow and David Doss, * * on the 5th day of March, A. D. 1873, * * did then and there, in and upon the body of one Keziah Griffin, unlawfully, willfully, and maliciously make an assault, and with a certain pistol in the hands of him, the said John Crow, then and there had and held (the said David Doss then and there present aiding and assisting) to, at, against, and upon the said Keziah Griffin, did threaten to shoot and kill, thereby putting her,…
1Opinion of the Court
Gould, Associate Justice.
The indictment does not contain a complete description of two offenses, and is not duplicated. (State v. Dorsett, 21 Tex., 657.) In setting out the circumstances of aggravation attending the assault, it details some of the facts which go to constitute the offense of threatening to take life, but the essential averment that the threats were seriously made was wanting. There is no such duplicity as materially to affect the clearness and certainty of the indictment, as one for aggravated assault. (State v. Smith, 24 Tex., 286.)
We think it was proper for the court to…
2Cases cited3 opinions
- State v. SmithTexas Supreme Court · 1859
- State v. DorsettTexas Supreme Court · 1858
- Warren v. StateTexas Supreme Court · 1870
3Cited by22 opinions
- State v. HerronMontana Supreme Court · 1892
- McNamara v. PeopleSupreme Court of Colorado · 1897
- State v. BarryMontana Supreme Court · 1912
- State v. RaganOregon Supreme Court · 1927
- Lipscomb v. StateWisconsin Supreme Court · 1906
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