Caldwell v. State
Texas Supreme Court
Appeal from Collin. The appellant was convicted of an assault with intent to murder, by presenting a loaded gun, &c. After the trial had commenced, it was discovered that the indictment had not been indorsed “filed.” The court ordered the clerk to make the indorsement, winch was done, and the defendant excepted. The defendant asked the coiu-t to charge the jury that it devolved upon the State to prove that the gun was loaded.
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Appeal from Collin. The appellant was convicted of an assault with intent to murder, by presenting a loaded gun, &c. After the trial had commenced, it was discovered that the indictment had not been indorsed “filed.” The court ordered the clerk to make the indorsement, winch was done, and the defendant excepted. The defendant asked the coiu-t to charge the jury that it devolved upon the State to prove that the gun was loaded. But the court refused to do so, and charged that if the defendant presented his gun at the prosecutor within shooting distance in a hostile manner, the presump■tion was…
1Opinion of the CourtLipscomb, J.
The appellant was indicted for an assault with intent to commit murder. There was a conviction and a judgment, from which he appealed.
The counsel for tiie appellant has assigned several grounds on which he supposes the judgment ought to be reversed. One of them, however, only will be considered, as being the only one that could be seriously made with any hope of success. It is in relation to the charge of the court below ou a rule of evidence.
The court charged the jury that if the defendant presented his gun at the prosecutor withiii shooting distance, the presumption of law was that the gun…
2Cited by8 opinions
- Dozier v. StateCourt of Criminal Appeals of Texas · 1911
- State v. MiloOregon Supreme Court · 1928
- Evans v. StateCourt of Criminal Appeals of Texas · 1898
- Rippey v. StateCourt of Appeals of Texas · 1890
- Ake v. StateCourt of Appeals of Texas · 1879
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