Sanders v. State
Court of Criminal Appeals of Texas
The testimony of the principal State’s witness was that defendant came into his restaurant and asked for a chicken sandwich on credit, which prosecutor refused, whereupon defendant began to curse him; that thereupon prosecutor ordered defendant out of the house; that about an hour afterwards defendant returned tq the restaurant and said he wanted chicken on a credit and prosecutor refused, opened the door and told defendant to get out; that when prosecutor was about to shut…
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The testimony of the principal State’s witness was that defendant came into his restaurant and asked for a chicken sandwich on credit, which prosecutor refused, whereupon defendant began to curse him; that thereupon prosecutor ordered defendant out of the house; that about an hour afterwards defendant returned tq the restaurant and said he wanted chicken on a credit and prosecutor refused, opened the door and told defendant to get out; that when prosecutor was about to shut the door, defendant turned and stabbed him and said he would kill him. After stabbing prosecutor he ran away. The…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of assault with intent to murder, and his punishment fixed at two years in the penitentiary.
Appellant complains of the following portion of the court’s charge on provoking the difficulty.: “If you believe that the defendant, committed the assault as a means of defense, believing at the time he did so (if he did so) that he was in danger of losing his life, or of serious bodily injury at the hands of said Joe Collona, then you will acquit the defendant, unless you further believe from the evidence beyond a reasonable doubt that the defendant sought to meet…
2Cases cited2 opinions
- McCandless v. StateCourt of Criminal Appeals of Texas · 1900
- Airhart v. StateCourt of Criminal Appeals of Texas · 1899
3Cited by11 opinions
- Lockhart v. StateCourt of Criminal Appeals of Texas · 1908
- Keeton v. StateCourt of Criminal Appeals of Texas · 1910
- McDougal v. StateCourt of Criminal Appeals of Texas · 1916
- Berry v. StateCourt of Criminal Appeals of Texas · 1916
- Cottom v. StateCourt of Criminal Appeals of Texas · 1922
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