Legal Opinion

Monticue v. State

Court of Criminal Appeals of Texas

Decided May 10, 1899No. 1736PublishedCited by 14 opinions

Appeal from the District Court of Harrison. Tried below before Hon. W. J. Graham. Appeal from a conviction for assault with intent to murder; penalty, two years imprisonment in the penitentiary. The opinion states the material facts shown by the evidence.

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Appeal from the District Court of Harrison. Tried below before Hon. W. J. Graham. Appeal from a conviction for assault with intent to murder; penalty, two years imprisonment in the penitentiary. The opinion states the material facts shown by the evidence. Appellant assigns the following errors: 1. The rights of the defendant were prejudiced by the remarks made by the district attorney in the presence and hearing of the jury, and while the defendant was testifying, “that he expected to prove that defendant was a common prostitute,” as shown by defendant’s bill of exceptions number 1. 2. The…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of assault with intent to murder, and her punishment assessed at two years confinement in the penitentiary.

Appellant’s first assignment of error is “that the court- erred in failing to grant a new trial because the jury found defendant guilty contrary to the charge of the court, in that the jury found defendant guilty of an assault with intent to murder, when the testimony will not support a conviction for more than an aggravated assault.” The testimony, in brief, discloses: That appellant became angry at reports sup posed to have been circulated by the…

2Cases cited6 opinions

  1. Wright v. StateCourt of Criminal Appeals of Texas · 1897
  2. McCray, Alias Rosson v. StateCourt of Criminal Appeals of Texas · 1898
  3. Morales v. StateCourt of Criminal Appeals of Texas · 1896
  4. Lancaster v. StateCourt of Criminal Appeals of Texas · 1896
  5. Carver v. StateCourt of Criminal Appeals of Texas · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Serrato v. StateCourt of Criminal Appeals of Texas · 1914
  2. Holder v. StateCourt of Criminal Appeals of Texas · 1940
  3. Long v. StateCourt of Criminal Appeals of Texas · 1931
  4. Renfro v. StateCourt of Criminal Appeals of Texas · 1900
  5. Edwards v. StateCourt of Criminal Appeals of Texas · 1911

9 more not listed; retrieve them via the Exa API.

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