Coney v. State
| Decision Date | 01 January 1875 |
| Citation | Coney v. State, 43 Tex. 414 (Tex. 1875) |
| Parties | CHARLES CONEY v. THE STATE. |
| Court | Texas Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from Travis. Tried below before the Hon. J. P. Richardson.
Terrell & Walker, for appellant.
G. Davis, also for appellant.
George Clark, Attorney General, for the State.
The defendant was charged and convicted of an aggravated assault and battery.
The matters alleged to raise the offense to an aggravated instead of a simple assault and battery were that the defendant “with premeditated design, with a certain deadly weapon, to wit, a glass beer tumbler, a means calculated to inflict a great bodily injury,” did assault, strike, &c.
There was very slight evidence, if any, of premeditation, but much more that there was inflicted a serious bodily injury on the person assaulted.
The court charged the jury that they might find the defendant guilty of an aggravated assault and battery if he inflicted a serious bodily injury on the party assaulted, which was not alleged as a ground of aggravation in the indictment.
This charge was erroneous, because it enabled the jury to find, and from the evidence it may be concluded most likely did cause them to find, the defendant guilty of an aggravated assault...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
Sattiewhite v. State
...making them depend on matters he could not be prepared to meet, because he was not notified that they would be urged against him. Coney v. State, 43 Tex. 414; Kouns v. State, 3 Tex.App. 13; Ferguson v. State, 4 Tex.App. While still a member of the Court of Appeals, Judge Davidson wrote on t......
-
Davis v. State
...43 Ark. 93; 57 Ark. 560; 42 Ark. 73; 47 Ark. 551; 48 Ark. 66; 48 Ark. 94; 55 Ark. 360; 55 Ark. 389; Id. 353; 49 Ark. 499; 18 Tex.App. 15; 43 Tex. 414; 7 Tex.App. 623; 65 Cal. 501; 2 Thompson Trials, 2313. Hal L. Norwood, Attorney General, and W. H. Rector, Assistant, for appellee. Motions f......
-
Moore v. State
...them depend upon matters he could not be prepared to meet, because he was not notified that they would be urged against him. Coney v. State, 43 Tex. 414; Kouns v. State, 3 Tex.App. 13; Ferguson v. State, 4 Tex.App. 156." And many other decisions holding practically the Because of the error ......
- State v. Clayton