Blackwell v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of De Witt. Tried below before Hon. S. F. Grimes. This appeal is from a conviction for aggravated assault, the punishment assessed being a fine of $175 and one month’s imprisonment in the county jail. The parties to the difficulty were negroes. The attendant circumstances of the assault are fully shown by the following testimony of the State’s witness, Mr. Newkum. He says: “I know defendant.
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Appeal from the District Court of De Witt. Tried below before Hon. S. F. Grimes. This appeal is from a conviction for aggravated assault, the punishment assessed being a fine of $175 and one month’s imprisonment in the county jail. The parties to the difficulty were negroes. The attendant circumstances of the assault are fully shown by the following testimony of the State’s witness, Mr. Newkum. He says: “I know defendant. Heal and Blackwell rode up cursing and quar-relling, and I said, ‘Tut, tut, boys; no use for that.’ Blackwell cursed Neal, who was leaning away from defendant, and said, ‘I…
1Opinion of the Court
DAVIDSON; Judge.
Bills of exception one and two, having been filed more than ten days after the termination of the trial, can not be considered. Rev. Stats., art. 1363; Railway v. Holliday, 65 Texas, 512.
The remaining bill was reserved to the refusal of the court to incorporate bills of exception in the statement of facts. Exceptions to the admission of testimony may be so incorporated, but not those reserved to the exclusion of evidence. Cooper v. The State, 7 Texas Crim. App., 194; Green v. The State, 12 Texas Crim. App., 51; McWhorter v. The State, 13 Texas Crim. App., 523; Branch v. The…
2Cases cited1 opinion
- G., C. & S. F. R'y Co. v. HollidayTexas Supreme Court · 1886
3Cited by8 opinions
- Loudenback v. Territory of OklahomaSupreme Court of Oklahoma · 1907
- Haygood v. StateCourt of Criminal Appeals of Texas · 1907
- Serop v. StateCourt of Criminal Appeals of Texas · 1913
- Smith v. StateCourt of Criminal Appeals of Texas · 1911
- Shuffield v. StateCourt of Criminal Appeals of Texas · 1911
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