Williams v. State
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. I. B. McFarland. The defendant, Frank Williams, was charged with making an assault on Matt. Howard, with intent to kill and murder him. As the errors complained of relate chiefly to the charge of the court, the details of the difficulty are not important, further than to state that it resulted from a quarrel suddenly begun between young men at a dance.
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Appeal from Fayette. Tried below before the Hon. I. B. McFarland. The defendant, Frank Williams, was charged with making an assault on Matt. Howard, with intent to kill and murder him. As the errors complained of relate chiefly to the charge of the court, the details of the difficulty are not important, further than to state that it resulted from a quarrel suddenly begun between young men at a dance. The charge defined: first, a battery; second, an assault; third, two of the subdivisions defining when assault becomes aggravated; and then in the fourth place proceeded as follows: “ If an…
1Opinion of the Court
Devine, Associate Justice.
The appellant was convicted of an assault with intent to kill and murder one Matt. Howard.
The errors assigned are substantially set forth as the grounds for a new trial on defendant’s motion in the court below. They relate to the errors in the charge of the court to the jury in the failure to charge the jury on the law of *384murder and manslaughter, so as enable the jury to apply the facts in evidence to the law, for the purpose of determining, had Howard died from the wounds received, whether the killing would be murder or manslaughter, and if the latter, then the…
2Cases cited3 opinions
- Johnson v. StateTexas Supreme Court · 1865
- Thomas v. StateTexas Supreme Court · 1874
- Taliaferro v. StateTexas Supreme Court · 1874
3Cited by2 opinions
- Haynes v. StateCourt of Appeals of Texas · 1877
- Lockwood v. StateCourt of Appeals of Texas · 1877