Legal Opinion

Hamilton v. State

Court of Criminal Appeals of Texas

Decided April 18, 1900No. 1924PublishedCited by 8 opinions

“Defendant, Jesse Hamilton, was my husband until we were divorced. I secured a divorce from him during the last district court here at San Marcos, about the last of February. We had been married between three and four years. On Sunday night, the 18th of March, • 1899, at Kyle, Hays County, Texas, he shot at me with a pistol.” The State then proposed to have her further testify as follows: “Before that [the shooting on March 18, 1899] he frequently assaulted me.

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“Defendant, Jesse Hamilton, was my husband until we were divorced. I secured a divorce from him during the last district court here at San Marcos, about the last of February. We had been married between three and four years. On Sunday night, the 18th of March, • 1899, at Kyle, Hays County, Texas, he shot at me with a pistol.” The State then proposed to have her further testify as follows: “Before that [the shooting on March 18, 1899] he frequently assaulted me. On one night, about a year before he shot me, he beat me up awfully, and when I got away by running around a bed, he took a slat from…

1Opinion of the Court

BEOOKS, Judge.

Appellant was convicted of an assault with intent to murder his divorced wife, Sallie Hamilton, and his punishment assessed at confinement in the penitentiary for a term of five years.

In bills numbers 1, 2, and 3, appellant urges the following matters as error, to wit: In bill number 1 it is shown the State proved by Sallie Hamilton, the injured female: That appellant was her divorced husband. That they had been married three or four years. That, before the 'shooting in this instance, appellant had frequently assaulted witness. One night, about a year before, he' shot at her…

2Cases cited1 opinion

  1. Wilkerson v. StateCourt of Criminal Appeals of Texas · 1892

3Cited by8 opinions

  1. Fambrough v. WagleyTexas Supreme Court · 1943
  2. Moss v. StateCourt of Criminal Appeals of Texas · 1963
  3. Graham v. StateCourt of Criminal Appeals of Texas · 1913
  4. Graham v. StateCourt of Criminal Appeals of Texas · 1913
  5. Stephens v. StateCourt of Criminal Appeals of Texas · 1912

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