Ford v. State
| Court | Texas Court of Criminal Appeals |
| Writing for the Court | Davidson |
| Citation | Ford v. State, 56 S.W. 918 (Tex. Crim. App. 1900) |
| Decision Date | 25 April 1900 |
| Parties | FORD v. STATE. |
Appeal from Lavaca county court; D. A. Paulus, Judge.
William Ford was convicted of carrying a pistol, and he appeals. Affirmed.
Robt. A. John, Asst. Atty. Gen., for the State.
Appellant was convicted of carrying a pistol on and about his person. On the trial he filed what he terms "a merger and motion to dismiss," which was overruled by the court. This plea set up the fact that upon a sufficient indictment appellant was convicted of an assault with intent to murder John Layton, and that the carrying of the pistol was a part of this transaction; that is, he had the pistol, and used it in said assault upon Layton. The plea was insufficient on its face, because it failed to set up the indictment, verdict, and judgment of the former trial. Washington v. State, 35 Tex. Cr. R. 156, 32 S. W. 694. But, if these matters had been pleaded, the facts do not support jeopardy. The causes of action are not the same. This case...
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State v. Caddy
...56 P. 648; State v. Reiff (Wash.) 45 P. 318; State v. Gustin, 152 Mo. 108, 53 S.W. 421; Taylor v. State (Tex.) 55 S.W. 961; Ford v. State (Tex.) 56 S.W. 918; v. State (Fla.) 26 So. 713; Burks v. State (Tex.) 6 S. W. 300; Teat v. State, 53 Miss. 439, 24 Am. Rep. 708; sections 7308-7311, Comp......
- State v. Byrd
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State v. Potter
...not set out the information, verdict and judgment in the former case. Wheeler v. State (Tex. Crim. App.), 38 S.W. 182; Ford v. State, (Tex. Crim. App.), 56 S.W. 918; Kelley on Criminal Law, 213; Washington v. State Crim. App.), 32 S.W. 694. The plea raised no issue of fact. Where the plea s......
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State v. Caddy
...56 Pac. 648; State v. Reiff, (Wash.) 45 Pac. 318; State v. Gustin, 152 Mo. 108, 53 S.W. 421; Taylor v. State (Tex.) 55 SW 961; Ford v. State (Tex.) 56 SW 918; Wallace v. State (Fla.) 26 South. 713; Burks v. State (Tex.) 6 SW Soo; Teat v. State, 53 Miss, 439, 24 AmRep 708; Sections 7308-7311......
