Choice v. State

• Decision Date: 25 November 1908
• Citation: 114 S.W. 135
• Parties: CHOICE v. STATE.
• Court: Texas Court of Criminal Appeals

114 S.W. 135

CHOICE v. STATE.

Court of Criminal Appeals of Texas.

November 25, 1908.

Rehearing Denied December 10, 1908.

Appeal from District Court, Smith County; R. W. Simpson, Judge.

D. D. Choice was convicted of assault to murder, and he appeals. Affirmed.

Fitzgerald & Butler, for appellant. F. J. McCord, Asst. Atty. Gen., for the State.

RAMSEY, J.

This is a companion case to the case of State of Texas v. Ed. Choice, 114 S. W. 132, which was affirmed by this court on November 18, 1908. The facts are identically the same, the charge of the court the same, and the bills of exceptions to the rulings and actions of the court below are the same as in the Ed. Choice Case, supra.

We have carefully examined the grounds set up in appellant's motion for new trial, together with the able brief presented in this court.

We find no reason to modify or revise our opinion in the Ed. Choice Case, and, there being no difference between the cases, the judgment is in all things affirmed.