McFarlin v. State
Texas Supreme Court
Appeal from Ellis. Tried below before the Hon. Hardin Hart. McElroy, upon whom the assault was charged to have been committed, testified that he went into McEarlin’s field when he was at work and asked him for money.
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Appeal from Ellis. Tried below before the Hon. Hardin Hart. McElroy, upon whom the assault was charged to have been committed, testified that he went into McEarlin’s field when he was at work and asked him for money. McFarlin inquired, “ What money?” to which McElroy answered, “ The money you owe me for those hogs;” that McFarlin ¡eft his reaper, and starting toward witness said, “ Gro slow, go slow—you always insult me when you name that hog question;” that witness retreated with a walking-stick in his hand, the accused folloxving with an open pocket-knife. It sedms from this witness’s…
1Opinion of the Court
Gould, Associate Justice.
The appellant was indicted for an aggravated assault and battery on one McElroy, and, on the testimony of the latter, was convicted. The evidence showed that the accused inflicted a serious wound on McElroy, by striking him with the small blade of his knife; but the testimony of McElroy and of the sons of defendant was in conflict, as to whether he was not himself attempting to strike the accused with a good-sized walking-stick at the time the knife was used. In this state of the evidence, the court instructed the jury, amongst other things, as follows:
“ If you…
2Cases cited1 opinion
- State v. AllenTexas Supreme Court · 1867
3Cited by4 opinions
- State v. CollinsSupreme Court of Kansas · 1885
- Stewart v. KindelSupreme Court of Colorado · 1890
- Forrest v. StateCourt of Appeals of Texas · 1877
- Howard v. StateCourt of Appeals of Texas · 1885