Hill v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Foard. Tried below before Hon. G. A. Brown. Appeal from a conviction of aggravated assault; penalty, a fine of $460 and six months imprisonment in the county jail. Appellant was charged by the indictment with assault with intent to murder J. A. Crain. The parties had had previous trouble about the possession of the land upon which they lived, and Grain’s horses had been turned out of the pasture.
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Appeal from the District Court of Foard. Tried below before Hon. G. A. Brown. Appeal from a conviction of aggravated assault; penalty, a fine of $460 and six months imprisonment in the county jail. Appellant was charged by the indictment with assault with intent to murder J. A. Crain. The parties had had previous trouble about the possession of the land upon which they lived, and Grain’s horses had been turned out of the pasture. He believed defendant had done this and had made threats against defendant. At the time of the difficulty which occasioned this prosecution, Crain testified he was…
1Opinion of the Court
HEHDERSOH, Judge.
Appellant was convicted of an aggravated assault, and his punishment assessed at a fine of $460 and imprisonment in the county jail for six months; hence this appeal.
Appellant complains that the court should have given his special requested charge, instructing the jury with reference to appellant’s right of self-defense in defending his property under articles 677, 680, Penal Code. The difficulty here arose as to the right of appellant to pasture his horse on the lands of the prosecutor, and this involved the right to the possession of said land. The difficulty itself,…
2Cases cited1 opinion
- White v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by5 opinions
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- Grippon v. StateCourt of Criminal Appeals of Texas · 1931
- Phillips v. StateCourt of Criminal Appeals of Texas · 1948
- Hicks v. StateCourt of Criminal Appeals of Texas · 1913