Haynes v. State
Court of Appeals of Texas
Appeal from the District Court of Lamar. Tried below before the Hon. R. R. Gaines. The indictment charged the appellant with an assault upon L. D. Hinchman with intent to murder, by shooting him with a pistol.
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Appeal from the District Court of Lamar. Tried below before the Hon. R. R. Gaines. The indictment charged the appellant with an assault upon L. D. Hinchman with intent to murder, by shooting him with a pistol. The evidence for the state showed that Hinchman and an associate were playing billiards at a saloon, when the accused came in and took his stand in the way of Hinchman, who cursed him, and at length attempted to push him out of the room, whereupon the accused drew his pistol and fired three shots at Hinchman, wounding him in the shoulder. The accused examined no witnesses. The jury…
1Opinion of the CourtWhite, J.
The appellant was indicted for an assault with intent to murder one L. D. Hinchman, and was convicted of an aggravated assault and battery, and his punishment fixed at a fine of $550.
The charge of the court upon the offense of assault with intent to murder was exceedingly meager and unsatisfactory, and we scarcely think it was calculated to inform the Jury, as it should, of the character, nature, and constituent elements of that offense.
It has been said that the true criterion in all these cases is, Had death ensued, would the result have been murder? Yanez v. The State, 20 Texas, 660; Pasc.…
2Cases cited5 opinions
- Bishop v. StateTexas Supreme Court · 1875
- Martin v. StateTexas Supreme Court · 1874
- Mooring v. StateTexas Supreme Court · 1874
- Daniels v. StateTexas Supreme Court · 1859
- Williams v. StateTexas Supreme Court · 1875