Legal Opinion

Blain v. State

Court of Criminal Appeals of Texas

Decided May 8, 1895No. 629PublishedCited by 44 opinions

Appeal from the District Court of Gonzales. Tried below before Hon. T. H. Spooner. This appeal is from a conviction for robbery, the punishment being assessed at ten years in the penitentiary. A motion made by defendant to quash the indictment was overruled by the court. Omitting formal allegations, the charging part of the indictment is as follows: “That J. iST.

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Appeal from the District Court of Gonzales. Tried below before Hon. T. H. Spooner. This appeal is from a conviction for robbery, the punishment being assessed at ten years in the penitentiary. A motion made by defendant to quash the indictment was overruled by the court. Omitting formal allegations, the charging part of the indictment is as follows: “That J. iST. Blain, on the 25th day of January, A. D. 1895, in the county and State aforesaid, did then and there, in and upon Lemon Jones, make an assault, and did then and there, by the said assault and by violence to the said Lemon Jones, and…

1Opinion of the Court

HENDERSON, Judge.

The appellant was tried and convicted of robbery in the District Court of Gonzales County, and his punishment assessed at ten years in the penitentiary, and from the judgment and sentence of the lower court he prosecutes this appeal. The appellant has appended to his brief a proposition asking this court to strike out the explanations made by the court to his bill of exceptions numbers 2, 4, 5, 6, and 8. There is no other bill of exceptions in the record in regard to said explanations by the judge, and no assignment of error, and our attention is, for the first time, called…

2Cited by44 opinions

  1. State v. QuackenbushSupreme Court of Minnesota · 1906
  2. General Bonding & Casualty Ins. v. StateCourt of Criminal Appeals of Texas · 1913
  3. Gould v. StateCourt of Criminal Appeals of Texas · 1912
  4. United States v. BrownUnited States Court of Military Appeals · 1963
  5. State v. PriceIdaho Supreme Court · 1923

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