Munson v. State
Court of Appeals of Texas
Appeal from the District Court of Wharton. Tried below before the Hon. W. H. Burkhart. The indictment charged the appellant with the offense of robbery, and the conviction was for assault with intent to murder. The punishment assessed by the jury was a term of four years in the penitentiary. The record brings up no statement of facts, the appeal being prosecuted on the one question discussed in the opinion.
1Opinion of the Court
White, Presiding Judge.
Appellant was indicted in the low er court for the crime of robbery. On the trial the court instructed the-jury that if they did not believe the defendant was guilty of robbery, but did believe that he as guilty of an assault with intent to murder, they should find him guilty of assault with intent to murder, and assess his punishment accordingly. Under this instruction, the jury found defendant guilty of assault with intent to murder, and it is from a judgment rendered on that verdict, and convicting him of said offense, that this appeal is prosecuted.
We could,…
2Cases cited1 opinion
- Smedly v. StateTexas Supreme Court · 1867
3Cited by6 opinions
- Van Arsdale v. StateCourt of Criminal Appeals of Texas · 1946
- Tomlin v. StateCourt of Criminal Appeals of Texas · 1950
- Flores v. StateCourt of Criminal Appeals of Texas · 1951
- Trejo v. StateCourt of Criminal Appeals of Texas · 2009
- Trejo, Roberto YaritCourt of Criminal Appeals of Texas · 2009
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