Murray v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Taylor. Tried below before Hon. D. G. Hill, County Judge. Appeal from a conviction for simple assault; penalty, a fine of $5. The information charged appellant with an aggravated assault upon one B. A. Johnston, with a stick, a deadly weapon, on the 30th of June, 1897. The prosecution abandoned the charge for an aggravated and only claimed a conviction for a simple assault.
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Appeal from the County Court of Taylor. Tried below before Hon. D. G. Hill, County Judge. Appeal from a conviction for simple assault; penalty, a fine of $5. The information charged appellant with an aggravated assault upon one B. A. Johnston, with a stick, a deadly weapon, on the 30th of June, 1897. The prosecution abandoned the charge for an aggravated and only claimed a conviction for a simple assault. Mrs. Murray, the wife of defendant, was an eyewitness, and she gives, in her testimony, quite a clear account of the transaction; and her testimony, being in the main corroborated by that of…
1Opinion of the Court
DAVID SOU, Judge.
Appellant was convicted of a simple assault, and his punishment assessed at a fine of $5.
A bill of exceptions was reserved to the action of the court in failing to charge the law applicable to the right of the defendant “to use all necessary force to protect his castle and premises, and his family while thereon, from threatened attack and from insult, and in doing so he would not be the aggressor or a violator of the law.” Appellant verbally requested the court to charge this as a part of the law of the case. Article 719, Code of Criminal Procedure, 1895, provides: “In…
2Cited by2 opinions
- Sloan v. StateCourt of Criminal Appeals of Texas · 1914
- Reed v. StateCourt of Criminal Appeals of Texas · 1923