Nash v. State
Court of Appeals of Texas
Appeal from the District Court of Kerr. Tried below before the Hon. T. M. Paschal. The indictment was for an assault with intent to murder one Milton Kennedy. The jury found the appellant guilty, and awarded him two years in the penitentiary. The difficulty occurred at Kerrville, in July, 1875. According to the evidence for the state, Kennedy and Nash appear to have been on familiar terms.
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Appeal from the District Court of Kerr. Tried below before the Hon. T. M. Paschal. The indictment was for an assault with intent to murder one Milton Kennedy. The jury found the appellant guilty, and awarded him two years in the penitentiary. The difficulty occurred at Kerrville, in July, 1875. According to the evidence for the state, Kennedy and Nash appear to have been on familiar terms. The former desired to obtain from the latter a bill of sale for some cattle, and told the district clerk that he would whip Nash if he did not sign it. This threat, however, does not seem to have been…
1Opinion of the CourtWhite, J.
The indictment in this case being for assault with intent to murder,' alleged to have been committed with a pistol, it was made one of the principal grounds, in the motion to quash, that “ it is not averred in the indictment in what manner the pistol was used, or attempted to be used, by the accused—whether by shooting, striking, or otherwise.” The court did not err in overruling the motion.
In assaults with intent to murder it seems it is not necessary to name the weapon with which the assault was committed, of the manner in which it was used. Martin v. The State, 40 Texas, 19 (which cites…
2Cases cited10 opinions
- Henrie v. StateTexas Supreme Court · 1874
- Martin v. StateTexas Supreme Court · 1874
- Gilleland v. StateTexas Supreme Court · 1875
- Bittick v. StateTexas Supreme Court · 1874
- Hanks v. StateTexas Supreme Court · 1858
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