Attaway v. State
Court of Criminal Appeals of Texas
Appellant was tried in the court below upon an information charging him with aggravated assault and battery, committed upon one John M. Taylor, with a handsaw, the same being then and there, as used, a deadly weapon, and with which he inflicted serious bodily injury upon the said Taylor. At the trial the jury returned the following verdict: “We, the jurre, find defendant giltey, and assess find one hundred dollars. “E. Q. Martin, Form.” Judgment was entered accordingly.
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Appellant was tried in the court below upon an information charging him with aggravated assault and battery, committed upon one John M. Taylor, with a handsaw, the same being then and there, as used, a deadly weapon, and with which he inflicted serious bodily injury upon the said Taylor. At the trial the jury returned the following verdict: “We, the jurre, find defendant giltey, and assess find one hundred dollars. “E. Q. Martin, Form.” Judgment was entered accordingly. The testimony shows that the difficulty between defendant and Taylor was about some language or threat which defendant had…
1Opinion of the Court
DAVIDSON, Judge.
This conviction was for aggravated assault and battery.
When the cause was called for trial, appellant sought a continuance for the testimony of J. F. Stivers, which was overruled, and a bill of exceptions reserved. Whether it was a first or a subsequent application is not stated in the application itself, nor shown in the bill of exceptions. This should have been shown. The statutory requisites of a first are not the same as those prescribed for a second or subsequent application, and in considering motions for new trial, based upon the refusal to grant such continuances, the…
2Cited by15 opinions
- Conger v. StateCourt of Criminal Appeals of Texas · 1911
- McGee and Fuller v. StateCourt of Criminal Appeals of Texas · 1898
- Oliver v. StateCourt of Criminal Appeals of Texas · 1911
- Harris v. StateCourt of Criminal Appeals of Texas · 1912
- Patterson v. StateCourt of Criminal Appeals of Texas · 1911
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