Scott v. State
Court of Criminal Appeals of Texas
The facts are substantially stated in appellant’s brief, as follows: After the difficulty of the previous day, in which Dr. J. R. Cox and Isom Chandler shot at each other several times, and in which the State claimed the appellant participated as a principal, which claim the jury sustained on the trial of that case, both Cox and appellant were arrested and taken from the village of Swift to the town of Nacogdoches, ten miles away. Here they made bond.
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The facts are substantially stated in appellant’s brief, as follows: After the difficulty of the previous day, in which Dr. J. R. Cox and Isom Chandler shot at each other several times, and in which the State claimed the appellant participated as a principal, which claim the jury sustained on the trial of that case, both Cox and appellant were arrested and taken from the village of Swift to the town of Nacogdoches, ten miles away. Here they made bond. While there, the appellant and Cox were informed that the public roads leading from Nacogdoches to Swift, where they lived, were likely to be…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of an assault with intent to murder, and his punishment assessed at three years confinement in the penitentiary; hence this appeal.
The indictment charges that the assault with intent to murder was committed by appellant in and upon Isom Chandler and in and upon John Chandler. Was the indictment duplicitous? Under the authorities it was not. Rucker v. State, 7 Texas Crim. App., 549; Nite v. State, 54 S. W. Rep., 763; 1 Bishop Crim. Law, sec. 437; vol. 2, sec. 60. As far as we are advised there is but one case which holds that an indictment which charges…
2Cases cited6 opinions
- Gunter v. StateSupreme Court of Alabama · 1895
- Hurst v. StateSupreme Court of Alabama · 1888
- State v. EmerySupreme Court of Vermont · 1896
- Nite v. StateCourt of Criminal Appeals of Texas · 1899
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Turner v. StateCourt of Criminal Appeals of Texas · 1969
- Black v. StateCourt of Criminal Appeals of Texas · 1912
- Carson v. StateCourt of Criminal Appeals of Texas · 1909
- Arnold v. StateCourt of Criminal Appeals of Texas · 1914
- Deneaner v. StateCourt of Criminal Appeals of Texas · 1910
14 more not listed; retrieve them via the Exa API.