Jackson v. State
Court of Criminal Appeals of Texas
The following statement taken from the brief of the Assistant Attorney-General is substantially correct:—The evidence developed a conspiracy between appellant and prosecutor’s wife, for the purpose of murdering prosecutor, that appellant might marry prosecutor’s wife— appellant’s codefendant. Mrs. Benoist testified at the instance of the State, and admitted the conspiracy. The assault occurred at night, in prosecutor’s horse-lot.
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The following statement taken from the brief of the Assistant Attorney-General is substantially correct:—The evidence developed a conspiracy between appellant and prosecutor’s wife, for the purpose of murdering prosecutor, that appellant might marry prosecutor’s wife— appellant’s codefendant. Mrs. Benoist testified at the instance of the State, and admitted the conspiracy. The assault occurred at night, in prosecutor’s horse-lot. The testimony of Mrs. Benoist, Clarence and Will Hartman, shows that appellant intended to kill prosecutor with a stick, and then throw his body under the mules…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of assault with intent to murder, and his punishment assessed at confinement in the penitentiary for a term of eleven years; hence this appeal.
Appellant insists that the indictment is bad, and should have been quashed. The ground of- said motion is based on the proposition that the indictment charges that the assault alleged was made with intent to kill: the contention being that the statute does not define°an assault with intent to kill as an offense, but assault ’with intent to murder. The validity of an indictment of this character ivas before the…
2Cases cited1 opinion
- Smith v. StateCourt of Criminal Appeals of Texas · 1892
3Cited by13 opinions
- Blount v. StateCourt of Criminal Appeals of Texas · 1964
- Bailey v. StateCourt of Criminal Appeals of Texas · 1933
- Daugherty v. StateCourt of Criminal Appeals of Texas · 1948
- Caballero v. StateCourt of Criminal Appeals of Texas · 1962
- Vance v. WhiteSupreme Court of Arkansas · 1929
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