Borden v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Cherokee, on change of venue from Angelina. Tried below before Hon. Tom C. Davis. Appeal from a conviction of assault with intent to murder; penalty, two years imprisonment in the penitentiary.
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Appeal from the District Court of Cherokee, on change of venue from Angelina. Tried below before Hon. Tom C. Davis. Appeal from a conviction of assault with intent to murder; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with assault with intent to murder Fred Scroggins, on the 14th day of November, 1900. The' record shows that prior to the rencounter which occasioned this prosecution, there had been most serious trouble and difficulties between the Borden and Scroggins families. In one of their previous difficulties Robert Scroggins, a brother of Fred…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of assault with intent to murder, and his punishment assessed at two years confinement in the penitentiary; hence this appeal.
Appellant made a motion traversing the change of venue. It appears from the record' that the homicide occurred in. Angelina County, and that the venue was changed to Cherokee County. Appellant, by a motion, which is presented in bill of exceptions number 1, controverted the authority of the judge on his own motion to change the venue and transfer the'ease from the District Court of Angelina County to the District Court of…
2Cases cited1 opinion
- Agitone v. StateTexas Supreme Court · 1874
3Cited by4 opinions
- Valadez v. StateCourt of Criminal Appeals of Texas · 1964
- Williams v. StateCourt of Criminal Appeals of Texas · 1920
- Martinez v. State, Texas Court of Appeals, 4th District (San Antonio)1983
- Wolf Jr. v. StateCourt of Criminal Appeals of Texas · 1923