Ashton v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Dallas. Tried below before Hon. Charles Fred Tucker. This appeal is from a conviction for assault with intent to murder one Henry Batchelor, the punishment being assessed at three years in the penitentiary.
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Appeal from the District Court of Dallas. Tried below before Hon. Charles Fred Tucker. This appeal is from a conviction for assault with intent to murder one Henry Batchelor, the punishment being assessed at three years in the penitentiary. This is a companion case to the case of Ashton v. The State, ante, p. 479, wherein the same appellant was convicted for an assault with intent to murder one J. R. Brown, and the essential facts in this case are the same as those stated in the former case. In addition to his plea of “ not guilty,” appellant specially pleaded former jeopardy, in that he had…
1Opinion of the Court
SIMKINS, Judge.
There is but one question that need be considered.
The court ruled out appellant’s plea of former jeopardy, but upon trial of the case appellant was allowed to offer evidence, without objection on the part of the State, to prove that appellant had been convicted of an assaujt with intent to murder one J. R. Brown, and that the offense for which he was being tried at this time, to-wit, an assault with intent to murder one Henry Batchelor, was one and the same transaction as the one for which he had been already convicted, and was to be sustained by the same testimony. After the…
2Cited by16 opinions
- Drake v. StateCourt of Criminal Appeals of Texas · 1985
- Doggett v. StateCourt of Criminal Appeals of Texas · 1935
- State v. PlumleeSupreme Court of Louisiana · 1933
- Commonwealth v. AndersonCourt of Appeals of Kentucky · 1916
- Ex Parte JonesCourt of Criminal Appeals of Texas · 1918
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